PETER RABBIT FARMS (A Corp); MAJESTIC INSURANCE COMPANY, CARLOS QUINTERO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACARLOS QUINTERO, Applicant,vs.PETER RABBIT FARMS (A Corp);MAJESTIC INSURANCE COMPANY, Defendant.Case No. ADJ3916772 (VNO 0513887)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION, GRANTING REMOVAL AND 8 DECISION AFTER REMOVAL Defendant seeks removal and reconsideration of the “1st” Amended Findings of Fact and Order to Develop the Record” (Order), issued by the workers’ compensation administrative taw judge (WCJ) on October 21, 2008, wherein the WCJ found, as relevant here, that applicant’s claim for cumulative injury is not barred by Labor Code section 3600, subdivision (a)(10)1 , and is not barred by the statute of limitations. The WCJ also found that the medical record is inadequate to determine whether applicant sustained cumulative injury to his low back and skin, and must be developed regarding these body parts. The WCJ further found that the record is inadequate regarding the current child support lien and must be developed. In the underlying case, applicant claims that while employed as a maintenance worker from July 31, 2005 to July 31, 2006, he sustained industrial injury to his neck, shoulders, back, waist, chest, skin, and psyche. Defendant contends the WCJ erred in finding that applicant’s claim was not barred by section 3600(a)(10), arguing that the WCJ should have found that applicant’s claim was barred because the alleged cumulative trauma was filed two days after he was laid off work. Defendant also contends that the WCJ erred in ordering further development of the medical record, arguing 1Unless otherwise stated, all further statutory references are to the Labor Code. , that “no determination was made in regard to the post-termination defense.” Defendant contends applicant failed to prove that his injury arose out of and in the course of the employment (AOE/COE). Defendant further contends the
Carlos Quintero, vs. Peter Rabbit Farms (a Corp); Majestic Insurance Company,
In this case, Peter Rabbit Farms (a Corp) and Majestic Insurance Company are being sued by Carlos Quintero. Quintero claims that he sustained industrial injury to his neck, shoulders, back, waist, chest, skin, and psyche while employed as a maintenance worker from July 31, 2005 to July 31, 2006. The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration and granted removal, rescinding the October 21, 2008 Order and returning the matter to the trial level for the WCJ to determine whether the applicant sustained injury before considering the section 3600(a)(10) defense. The Board also ordered further development of the medical record regarding the applicant's claim of industrial injury to his low back and skin.
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ3916772
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