THE HOME DEPOT, Permissibly Self- Insured; Administered by SEDGWICK CMS, BARBARA ARANA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABARBARA ARANA, Applicant,vs.THE HOME DEPOT, Permissibly Self-Insured; Administered by SEDGWICK CMS, Defendant(s).Case No. ADJ1023653 (MON 0331335)OPINION AND DECISION AFTER RECONSIDERATION We previously granted applicant’s and defendant’s petitions for reconsideration to allow us an opportunity to obtain copies of missing exhibits, to further study the factual and legal issues in this case, to give us a complete understanding of the record, and to enable us to issue a just and reasoned decision. This is our Opinion and Decision After Reconsideration. Applicant and defendant sought reconsideration of the July 28, 2008 Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found, pursuant to stipulation, that applicant, while employed as an auditor on March 3, 2005, sustained industrial injury to her back and psyche. The WCJ found that applicant’s injury caused 39% permanent disability, after apportionment of 33 1/3% of applicant’s lumbar disability to pre-existing causes. Defendant contended that the WCJ had a duty to supplement the record on apportionment of applicant’s psychiatric permanent disability, that the reporting of the psychiatric Agreed Medical Evaluator (AME) does not comply with Labor Code section 4663 because he did not review the December 17, 2007 supplemental report by the orthopedic AME, and that the psychiatric AMEs reporting does not constitute substantial evidence. Applicant contended that the WCJ erred by apportioning applicant’s lumbar disability, arguing that Dr. Sohn’s orthopedic AME reports do notconstitute substantial evidence with respect to apportionment. , We have considered the Petitions for Reconsideration, applicant’s Answer, and the WCJ’s Report and Recommendation on Applicant and Defendant’s Petitions for Reconsideration (Repo
Barbara Arana, vs. The Home Depot, Permissibly Self- Insured; Administered By Sedgwick Cms,
(MON 0331335) is a case in which Barbara Arana, an auditor, sustained an industrial injury to her back and psyche while employed by The Home Depot. The Workers' Compensation Appeals Board granted both parties' petitions for reconsideration to allow them to obtain copies of missing exhibits, to further study the factual and legal issues, and to issue a just and reasoned decision. The Board ultimately affirmed the decision of the Workers' Compensation Administrative Law Judge, finding that The Home Depot was permissibly self-insured and administered by Sedgwick CMS, and that Barbara Arana's injury caused 39% permanent disability, after apportionment of 33 1/3% of her lumbar disability to pre-existing causes. The Board also
- Filed On:
- Court: California, San Francisco
- Case No. ADJ1023653
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