State Farm General Insurance Company; Ace USA Barbara DInius WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABARBARA DINIUS, Applicant,vs.STATE FARM GENERAL INSURANCE COMPANY; ACE USA, Defendant(s).Case No. ADJ170033 (VNO 0509673)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the October 20, 2009 Findings and Award issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ found that applicant, while employed during the period from January 1, 1998 to September 18, 2004 as a claims representative, sustained industrial injury to her cardiovascular system causing hypertension and psychiatric injury. The WCJ further found that the injury herein became permanent and stationary on June 22, 2006 and caused temporary disability from September 19, 2004 to June 22, 2006 and permanent disability of 49% after apportionment. Finally, the WCJ found that applicant is entitled to reimbursement for self-procured medical treatment and medical-legal expenses. Based on these findings, the WCJ awarded benefits, including attorney fees of 15% related to the temporary disability benefits awarded. Thereafter, on October 30,2009 and at the request of lien claimant Employment Development Department (EDD), the WCJ issued an Amended Findings and Award clarifying the rate of temporary disability indemnity and allowing EDD’s lien. Defendant contends that the WCJ erred in finding that applicant sustained industrial injury arguing that the WCJ’s decision is not supported by substantial medical evidence and does not comply with the requirements of Labor Code1 section 3208.3. Defendant further contends 1 All further statutory references are to the Labor Code, unless otherwise noted. , that the WCJ’s finding of temporary disability from September 19, 2004 to June 22, 2006 is not supported by substantial evidence and did not address defendant’s request for credit. Finally, defendant c
Barbara DInius vs. State Farm General Insurance Company; Ace USA
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ170033
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