R.J. NOBLE; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Adjusted By SEDGWICK CMS For LEGION INSURANCE, In Liquidation BASILIO SANCHEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABASILIO SANCHEZ, Applicant,vs.R.J. NOBLE; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Adjusted BySEDGWICK CMS For LEGION INSURANCE, In Liquidation, Defendants.Case Nos. ADJ2675591 (ANA 0335917)OPINION AND ORDER GRANTING RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award issued by a workers’ compensation administrative law judge (WCJ) on July 26, 2012, wherein the WCJ found that, based on the parties’ agreement, defendant is to provide applicant with a van with a lift and/or conversion to transport applicant’s motorized scooter. The WCJ also found that applicant, while employed as a laborer on September 30, 1999, sustained industrial injury to his left knee, and claims to have sustained injury to his psyche, fingers, diabetes, hypertension, high cholesterol, right knee, back, neck, shoulders, upper extremities, lower extremities, stomach, hands and dizziness. Defendant contends that the WCJ erred in authorizing a van, arguing that the agreement was for either a van or a lift to transport applicant’s scooter or wheelchair. Defendant argues that there is no medical evidence to support the need for a van. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. Applicant filed an Answer. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. For the reasons discussed below, , we will grant reconsideration, rescind the July 26, 2012 Findings and Award, and return the matter to the trial level for further proceedings and a new decision by the WCJ.FACTS As relevant here, applicant claimed to have sustained industrial injury to his psyche, fingers, diabetes, hypertension
BASILIO SANCHEZ vs. R.J. NOBLE; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Adjusted By SEDGWICK CMS For LEGION INSURANCE, In Liquidation
This case involves a dispute between Basilio Sanchez, the applicant, and R.J. Noble and the California Insurance Guarantee Association, adjusted by Sedgwick CMS for Legion Insurance, in liquidation, the defendants. The applicant claimed to have sustained industrial injury to his psyche, fingers, diabetes, hypertension, high cholesterol, right knee, back, neck, shoulders, upper extremities, lower extremities, stomach, hands and dizziness. The parties agreed to utilize an agreed medical examiner to resolve the orthopedic issues. The dispute arose when the parties disagreed on the meaning of an agreement on the Minutes of Hearing, which stated that the defendant would provide the applicant with a van with a conversion or lift. The Workers' Compensation Appeals Board granted
- Filed On:
- Court: California, Santa Ana
- Case No. ADJ2675591
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