WELLPOINT HEALTH NETWORK, INC.; ZURICH LOS ANGELES, CATALINA BARAJAS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACATALINA BARAJAS, Applicant,vs.WELLPOINT HEALTH NETWORK, INC.;ZURICH LOS ANGELES, Defendants.Case Nos. ADJ2719991 (VNO 0485134)ADJ1334047 (VNO 0428744)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant, Zurich North America (Zurich), on behalf of its insured, Wellpoint Health I. Networks, seeks reconsideration of the Findings and Order, issued June 10, 2009, in which a workers’ compensation administrative law judge (WCJ) found applicant sustained a single cumulative trauma injury from October 6, 1999 to July 3, 2002, and that Zurich is liable for all 17, workers’ compensation benefits. Defendant contends the WCJ erred in concluding applicant sustained a single period of cumulative trauma, arguing that there is substantial evidence of separate periods of-compensable disability requiring a finding of two separate cumulative trauma injuries, and that the WCJ’s finding violates the anti-merger doctrine provided in Labor Code sections 3208.2 and 5303. Following our review of the record, and for the reasons set forth below, we shall grant reconsideration to reverse the Findings and Order to find two separate cumulative trauma injuries.I. Applicant, Catalina Barajas, sustained a cumulative trauma injury to her bilateral upper extremities over the period ending January 18, 2000, while employed as a customer service representative by Wellpoint Health Networks. Her claim, ADJ1334047 (VNO 0428744), was , settled by Stipulated Award with Fremont Compensation Insurance Company on July 2, 2001, for 24% permanent disability and temporary disability from February 12, 2000 through February 23, 2000. She filed a petition to reopen this claim. In May of 2002, applicant filed an amended Application for Adjudication of Claim claiming a cumulative trauma injury to the same
Catalina Barajas, vs. Wellpoint Health Network, Inc.; Zurich Los Angeles,
In this case, Catalina Barajas sustained a cumulative trauma injury to her bilateral upper extremities while employed as a customer service representative by Wellpoint Health Networks. The case was initially settled by Stipulated Award with Fremont Compensation Insurance Company on July 2, 2001, for 24% permanent disability and temporary disability from February 12, 2000 through February 23, 2000. She then filed an amended Application for Adjudication of Claim claiming a cumulative trauma injury to the same part of the body for the period January 19, 2000 through her last day of work on July 3, 2002, during Zurich's period of coverage. After review of the record, the Workers' Compensation Appeals Board granted reconsideration to reverse the Findings and Order to find two separate
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ2719991
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