MEMEC LLC; TOKIO MARINE & FIRE INSURANCE CO.; TRENDWEST RESORTS/CENDANT CORP.; and AMERICAN CASUALTY COMPANY OF READING PA, ANTOINETTE CARAWAY, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANTOINETTE CARAWAY, Applicant,vs.MEMEC LLC; TOKIO MARINE & FIRE INSURANCE CO.; TRENDWEST RESORTS/CENDANT CORP.; and AMERICAN CASUALTY COMPANY OF READING PA, Defendants.Case No. ADJ2644834 (SJO 0231276)ADJ4406795 (SJO 265251)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the Findings and Award of January 5, 2009, wherein the workers’ compensation judge (WCJ) found that applicant sustained industrial injuries to her back and neck on September 12, 2000 (case number SJO 0231276), while employed as a salesperson by Memec LLC, Tokio Marine & Fire Insurance Company’s insured on the date of injury, and during a period through December 1, 2003 (case number SJO 0265251), by Trendwest Resorts/Cendant Corporation, American Casualty Company of Reading PA’s insured on the date of injury, and that the injuries caused, among other things, a need for further medical treatment. The WCJ further found that the specific 2000 injury caused 19% permanent disability and the 2003 cumulative injury caused 61%, entitling applicant to permanent disability indemnity totaling $10,600 for the 2000 injury and totaling $61,536.25 for the 2003 injury. In relevant part of the Opinion on Decision in support of the January 5, 2009 Findings and Award, the WCJ explained that he apportioned permanent disability between applicant’s two injuries pursuant to the Appeals Board’s en banc decision in Benson v. The Permanente Medical Group (2007) 72 Cal.Comnp.Cases 1620. In the scant petition for reconsideration, applicant contends that she is entitled to one , combined award of permanent disability, in excess of 70%, for both injuries, arguing that the Appeals Board’s decision in Benson v. The Permanente Medical Grou
Antoinette Caraway, vs. Memec Llc; Tokio Marine & Fire Insurance Co.; Trendwest Resorts/cendant Corp.; And American Casualty Company Of Reading Pa,
In this case, Antoinette Caraway sought reconsideration of a Findings and Award from January 5, 2009, wherein the Workers' Compensation Judge (WCJ) found that she sustained industrial injuries to her back and neck on September 12, 2000 and during a period through December 1, 2003, entitling her to permanent disability indemnity totaling $10,600 for the 2000 injury and totaling $61,536.25 for the 2003 injury. The WCJ had apportioned permanent disability between the two injuries pursuant to the Appeals Board's en banc decision in Benson v. The Permanente Medical Group. The Workers' Compensation Appeals Board granted reconsideration, rescinded the Findings and Award of January 5, 2009, and
- Filed On:
- Court: California, San Jose
- Case No. ADJ2644834
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