Jp Morgan Chase, administered by Liberty Mutual Insurance, Byron Irving, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABYRON IRVING,Applicant,vs.JP MORGAN CHASE, administered by LIBERTY MUTUAL INSURANCE,Defendants.Case No. ADJ7433112(Los Angeles District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of this Appeals Board’s Opinion and Decision After Reconsideration of December 2, 2016, in which we rescinded the findings of industrial sleep disorder and permanent disability related to sleep disorder, as found by the workers’ compensation judge (WCJ) in his Findings and Award dated December 22, 2015. In that decision, the WCJ found that on August 4, 2010, applicant, while employed by JP Morgan Chase as a junior underwriter, sustained industrial injury to his cervical spine, lumbar spine, right shoulder, right knee, left knee, sleep disorder, and dental injury “including injury in the form of trigeminal nerve impairment, speech impairment and mastication impairment,” causing 76% permanent disability after apportionment. In our decision of December 2, 2016, we found that applicant did not sustain industrial injury in the form of sleep disorder, that the industrial injury to applicant’s cervical spine, lumbar spine, right shoulder, right knee, left knee, and dental injury including trigeminal nerve impairment, speech impairment and mastication impairment caused permanent disability of 69% after apportionment, and . that the industrial injury did not cause any permanent disability on account of the claimed sleep disorder. Applicant contends that the Board’s decision is not based upon substantial evidence, that multiple doctor opinions, testimony and testing constitute substantial evidence in support of the WCJ’ s Findings and Award dated December 22, 2015, and that even if the Board believes the evidence does not support , the WCJ’s decision, reconsideration should be granted to fu
Byron Irving, vs. Jp Morgan Chase, Administered By Liberty Mutual Insurance,
is a case in which Byron Irving, an employee of JP Morgan Chase, sought workers' compensation for an industrial injury he sustained in August 2010. The Workers' Compensation Appeals Board denied his petition for reconsideration, finding that there was not enough evidence to support his claim of industrial sleep disorder. The Board found that the medical opinion of Dr. Navab, the sleep specialist, was flawed and did not provide a complete history or analysis of the medications taken by Irving. The Board also found that the medical opinion of Dr. Schames, the dental specialist, was not sufficient to rehabilitate Dr. Navab's report.
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ7433112
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