Michael Arts And Crafts, Permissibly Self-Insured, Administered by Gallagher Bassett Carol Frankel WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACAROL FRANKEL, Applicant,vs. MICHAELS ARTS AND CRAFTS, Permissibly Self-Insured, Administered By GALLAGHER BASSETT, Defendants.Case No. ADJ3620827 (VNO 0550942)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of the October 23, 2012 Findings and Award. In that decision, the workers’ compensation administrative law judge (WCJ) found that applicant, during the period May 7, 1999 through August 17, 2007, sustained an industrial injury to her lumbar spine, knees, right shoulder, hands, and psyche that caused 29% permanent disability. The WCJ also found that applicant did not sustain an industrial injury to her internal system. Applicant contends that the WCJ should have further developed the medical record on the issue of whether applicant sustained an injury to her internal system because Dr. Markovitz, the Agreed Medical Evaluator (AME) in the field of internal medicine, did not offer an opinion regarding the causation of applicant’s internal injuries. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have received an Answer from defendant. The WCJ has retired and did not prepare a Report and Recommendation on Petition for Reconsideration. Because applicant’s attorney did not object to the closure of discovery and did not act diligently thereafter, we will deny reconsideration. As mentioned above, the parties selected Dr. Markovitz as an AME in the field of internal medicine. On June 14, 2011, the parties jointly sent Dr. Markovitz a letter requesting that he examine the , applicant and provide an opinion regarding whether the applicant sustained an injury, and, if so, “Is there a connection between the applicant’s alleged injury and his [sic.] work?”
Carol Frankel vs. Michael Arts And Crafts, Permissibly Self-Insured, Administered By Gallagher Bassett
This case is about Carol Frankel, who was injured while working for Michael Arts and Crafts. She sustained an injury to her lumbar spine, knees, right shoulder, hands, and psyche that caused 29% permanent disability. The parties selected an Agreed Medical Evaluator (AME) in the field of internal medicine to examine the applicant and provide an opinion regarding whether the applicant sustained an injury, and, if so, if there was a connection between the applicant's alleged injury and her work. The AME diagnosed the applicant with various conditions, but did not comment on the causation of applicant's hypertension, hyperlipidemia, or insomnia. The case was set for trial and discovery was closed, but the deposition of the AME
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ3620827
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.