Cassandra Gibson vs. A. C. Transit District; And Gates Mcdonald

In this case, Cassandra Gibson was awarded future medical treatment as part of a settlement with the County of Los Angeles. The County of Los Angeles sought reconsideration of the award, arguing that the medical care awarded to Gibson was not supported by substantial evidence and was excessive. The Workers' Compensation Appeals Board denied the reconsideration, noting that the medical reports of the treating doctors supported the need for a weight loss program, consultation for bariatric surgery, physical therapy to the lumbar spine, and an orthopedic mattress. The Board also awarded penalties of 25%, up to $10,000.00, of the cost for a ten-week weight loss program and a consultation for bariatric surgery; penalties of 25%, up to $10

A. C. Transit District; And Gates Mcdonald Cassandra Gibson WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACASSANDRA GIBSON, Applicant,vs.    COUNTY OF LOS ANGELES, Permissibly Self-Insured,    Defendant(s).Case Nos. VNO 343876; PAS 044061OPINION AND ORDERDENYING RECONSIDERATION            Defendant, County of Los Angeles, USC Medical Center, seeks reconsideration of the Findings and Award of October 23, 2007, wherein it was found, inter alia, that as part of applicant’s previous award of future medical treatment, applicant is entitled to an additional ten week enrollment in a weight loss program, consultation for bariatric surgery, six weeks of physical therapy to the lumbar spine at the rate of two visits per week, and to an orthopedic mattress; that on three separate and distinct occasions, defendant unreasonably delayed the provision of medical care in the form of a weight loss program, consultation for bariatric surgery, six weeks of physical therapy to the lumbar spine at two visits per week, and an orthopedic mattress; and that applicant’s attorney performed legal services in the reasonable value of $5,612.50, pursuant to Labor Code section 5814.5, incurred in enforcing payment of compensation previously awarded. An award issued, in pertinent part, for penalties of 25%, up to $10,000.00, of the cost for a ten-week weight loss program and a consultation for bariatric surgery; penalties of 25%, up to $10,000.00, of the cost of six weeks of therapy to the lumbar spine at two visits per week; penalties of 25%, up to $10,000.00, of the cost of an orthopedic mattress; and attorney’s fees in the amount of $5,612.50.1 [h3]1             [size=1]In these cases applicant sustained an injury to her wrist, upper extremities, neck, back. and psyche as a result of a cumulative trauma from December 2, 1987 to June 6, 1996 and a specific injury of June 6, 1996 (Case Nos. PAS 0044061 and VNO 0343876). The claims were settled on October 20. 2005 with a stipulated award.

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