Clougherty Packing dba Farmer John, Permissibly Self-Insured Bertha Kocian WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABERTHA KOCIAN, Applicant,vs. CLOUGHERTY PACKING dba FARMER JOHN, Permissibly Self-Insured, Defendant(s).Case No. POM 0244323; POM 0260214OPINION AND ORDERGRANTING PETITION FORRECONSIDERATIONAND DECISION AFTERRECONSIDERATION Defendant seeks reconsideration of the Findings and Awards issued by a workers’ compensation administrative law judge (WCJ) in Case Numbers POM 0244323 and POM 0260214. In Case Number POM 0244323, the WCJ found that applicant, while working as a sausage stuffer on May 9, 1998, sustained industrial injury to her right knee with permanent disability and apportionment under Labor Code section 4664 as stated in Case Number POM 0260214. In Case Number POM 0260214, the WCJ found that applicant, while employed as a sausage stuffer on May 9, 1998, sustained industrial injury to her bilateral hands and right knee causing permanent disability of 67 percent with apportionment of four percent to applicant’s prior knee award pursuant to Labor Code section 4664. Defendant contends that the WCJ included a clerical error in finding a specific injury in Case Number POM 0260214, where the parties stipulated to a cumulative trauma to applicant’s bilateral hands and right knee from 1980 to March 22, 2001. Defendant further contends that the WCJ erred in not apportioning permanent disability to applicant’s pre-existing arthritis in her right knee and bilateral thumbs because the medical evidence supports apportionment and applicant’s testimony regarding this issue is not completely credible. An Answer was filed. In her Report and Recommendation on Petition for Reconsideration (Report), the WCJ noted the typographical error in the decision in Case Number POM 0260214 and recommended , that the date of injury be corrected to reflect the cumulative injury from 1980 to March 22, 2001. With respect to
Bertha Kocian vs. Clougherty Packing Dba Farmer John, Permissibly Self-Insured
Clougherty Packing dba Farmer John, Permissibly Self-Insured, appealed the Findings and Awards issued by a workers' compensation administrative law judge in Case Numbers POM 0244323 and POM 0260214. The WCJ found that applicant, Bertha Kocian, sustained industrial injury to her right knee and bilateral hands while working as a sausage stuffer from 1980 to March 22, 2001. The WCJ corrected a typographical error in the decision in Case Number POM 0260214 and recommended that the date of injury be corrected to reflect the cumulative injury from 1980 to March 22, 2001. The WCJ also found that there was not enough evidence to support apportionment of permanent disability to applicant's
- Filed On:
- Court: California, San Francisco
- Case No. POM0244323
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