ACKER-STONE INDUSTRIES; STATE COMPENSATION INSURANCE FUND, BERKSHIRE HATHAWAY, BARRY RAWLINS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABARRY RAWLINS, Applicant,vs.ACKER-STONE INDUSTRIES; STATE COMPENSATION INSURANCE FUND,BERKSHIRE HATHAWAY, Defendants.Case No. ADJ1443846 (ARM 0145673)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant, State Compensation Insurance Fund, on behalf of its insured, Acker-Stone Industries, seeks reconsideration of the Findings and Order, issued March 5, 2009, in which a workers’ compensation administrative law judge (WCJ) found applicant, Barry Rawlins, sustained an industrial cumulative trauma injury over the period ending December 20, 2006, to his cerebral vascular system and brain, while employed as a sale representative. The WCJ denied defendant’s objection to proceeding to trial, and allowed, over defendant’s objection, the deposition transcript of Dr. Tomas Araneta, Jr., admitted into evidence. The WCJ deferred a determination of the nature and extent of applicant’s injury. Defendant contests the WCJ’s determination, raising procedural due process issues regarding setting the matter for trial without adequate service of medical records, and notice of the deposition of Dr. Araneta, applicant’s primary treating physician. Defendant further contests the finding of injury AOE/COE, asserting Dr. Araneta’s opinion is not substantial medical evidence to support the WCJ’s determination. Applicant has filed an answer to defendant’s petition. We have considered the allegations and arguments of the Petition for Reconsideration, as well as the answer thereto, and have reviewed the record in this matter and the WCJ’s Report and , Recommendation on Petition for Reconsideration of April 13, 2009, which considers, and responds to, each of the defendant’s contentions. Based upon our review of the record, and for the reasons stated in the WCJ’s Report, which, except as discussed below, w
BARRY RAWLINS vs. ACKER-STONE & STATE COMPENSATION INSURANCE
In this case, Barry Rawlins, an employee of Acker-Stone Industries, filed a workers' compensation claim for a cumulative trauma injury to his cerebral vascular system and brain. The State Compensation Insurance Fund, on behalf of Acker-Stone Industries, sought reconsideration of the Findings and Order issued by the Workers' Compensation Appeals Board, which found that Rawlins sustained an industrial cumulative trauma injury while employed as a sales representative. The Board denied the petition for reconsideration, affirming the WCJ's Findings and Order, and finding that the opinion of Rawlins' primary treating physician, Dr. Tomas Araneta, Jr., was substantial medical evidence to support the WCJ's determination.
- Filed On:
- Court: Anaheim, California
- Case No. ADJ1443846
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