SUTTER GENERAL HOSPITAL and CAPITAL GASTROENTEROLOGY CONSULTANTS MEDICAL GROUP, INC. BARBARA BARTLETT GRIFFIN (BARBARA GRIFFIN BARTLETT) WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABARBARA BARTLETT GRIFFIN, (BARBARA GRIFFIN BARTLETT) Applicant,vs.SUTTER GENERAL HOSPITAL and CAPITAL GASTROENTEROLOGY CONSULTANTSMEDICAL GROUP, INC., Defendants.Case Nos. ADJ3415530 (SAC 0368136)ADJ1469791 (SAC 0325629)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION Defendant, Preferred Employers Insurance Company (Preferred), seeks reconsideration of the “Arbitration Decision and Order Re: Petition for Contribution” issued March 14, 2012, wherein the workers’ compensation arbitrator (WCA) found that “applicant did sustain a cumulative cervical and left shoulder injury while employed by Capital Gastroenterology Consultants as a referral coordinator.” The WCA ordered: “As to the 1/3 contribution owed to Petitioner by defendants Everest National Insurance and Preferred Employers Insurance Company pursuant to the above Order, it is further ORDERED that Defendant’s Everest and Preferred portions toward that contribution shall be determined by their respective shares of the last year of cumulative trauma which lasted until September 5, 2006, the parties to adjust accordingly.” In an unverified Petition for Reconsideration, Preferred contends that the WCA erred by finding that applicant did sustain an industrial cumulative cervical and left shoulder injury while employed by Capital Gastroenterology Consultants as a referral coordinator. Preferred argues that the WCA’s decision was based upon evidence which the parties had agreed to exclude from consideration including the agreement. “to edit any medical records being submitted to the Arbitrator so they would not reflect the , contents or gist of the Stipulated Award of June 17, 2010.” (Petition, p. 4 11.19-21.) Defendant, Everest National Insurance Company, filed an Answer which also noted th
BARBARA BARTLETT GRIFFIN (BARBARA GRIFFIN BARTLETT) vs. SUTTER GENERAL HOSPITAL And CAPITAL GASTROENTEROLOGY CONSULTANTS MEDICAL GROUP, INC.
and ADJ1469791 (SAC 0325629) was a case between Barbara Bartlett Griffin (Barbara Griffin Bartlett) and Sutter General Hospital and Capital Gastroenterology Consultants Medical Group, Inc. The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration filed by Preferred Employers Insurance Company because it was unverified and there was no proof of service upon the WCA. The WCA had previously found that Barbara Griffin Bartlett had sustained a cumulative cervical and left shoulder injury while employed by Capital Gastroenterology Consultants as a referral coordinator.
- Filed On:
- Court: California, Sacramento
- Case No. ADJ3415530
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