KAISER FOUNDATION HOSPITALS, APRIL EDSBERG, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAAPRIL EDSBERG, Applicant,vs.KAISER FOUNDATION HOSPITALS, Defendant.Case No. ADJ3845798 (SFO 0465253)OPINION AND DECISION AFTER RECONSIDERATION We previously granted defendant’s petition for reconsideration of the November 12, 2008 Findings and Award of the workers’ compensation administrative law judge (WCJ) who found that applicant incurred industrial injury to her back and psyche while employed as a physical therapist on June 30, 2000, causing total permanent disability and need for future medical treatment. Defendant contends that substantial medical reporting supports apportionment of applicant’s permanent disability to non-industrial sources and that a portion of the permanent disability results from applicant’s failure to undertake reasonable medical treatment. An answer was received from applicant and the WCJ provided a Report and Recommendation on Petition for Reconsideration (Report). As our decision after reconsideration we rescind the November 12, 2008 Findings and Award in order to avoid bifurcation of the issues and return the case to the trial level for development of the record and a new decision by the WCJ that addresses the question of whether applicant would be totally permanently disabled even in the absence of the non-industrial sources of her permanent disability. We do not disagree with the WCJ’s view of defendant’s other contention that applicant failed to undertake reasonable medical treatment as discussed in her Report. However, upon return of the case to the trial level defendant may present that contention again to the WCJ to be addressed in the new decision. Applicant admittedly incurred industrial injury to her back as described above, and incurred , compensable consequence injury to her psyche because of the effects of her back condition and the unsuccessful surgery that was performe
April Edsberg, vs. Kaiser Foundation Hospitals,
(SFO 0465253) is a case in which April Edsberg, an applicant, claimed to have incurred industrial injury to her back and psyche while employed as a physical therapist on June 30, 2000, causing total permanent disability and need for future medical treatment. The Workers' Compensation Appeals Board granted defendant's petition for reconsideration and rescinded the November 12, 2008 Findings and Award of the workers' compensation administrative law judge. The case was returned to the trial level for development of the record and a new decision by the WCJ that addresses the question of whether applicant would be totally permanently disabled even in the absence of the non-industrial sources of her permanent disability. The WCJ must determine the extent to which applicant's industrial injuries cause
- Filed On:
- Court: California, San Francisco
- Case No. ADJ3845798
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