Harte Hanks, Inc., Ace Usa, Adjusted By Esis Catalina Castellon WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACATALINA CASTELLON, Applicant,vs. HARTE HANKS, INC., ACE USA, Adjusted by ESIS, Defendant(s).Case No. ANA 0398839; ANA 0398840; ANA 0399440; ANA 0399441OPINION AND ORDERSGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Applicant, Catalina Castellon, seeks reconsideration of the Findings and Order, issued October 22, 2007, in which a workers’ compensation administrative law judge (WCJ) found applicant’s claim for her October 6,2004 industrial injury to her right elbow is barred under Labor Code section 5405, because applicant did not attempt to institute proceedings to collect benefits until she filed her Application for Adjudication of Claim on December 13, 2006. The WCJ also concluded that applicant’s claim that defendant denied her claim of injury in bad faith, as well as her claim that she was terminated from her employment, were not supported by the evidence. Applicant contends the WCI erred in concluding her claim is barred by the one year statute of limitations under Section 5405, as she is entitled to seek benefits under Section 5410. As we concur with applicant’s contention that Section 5410 allows her to seek benefits for new and further disability, we shall grant reconsideration to reverse the WC]’s determination with regard to the October 6, 2004 injury in ANA 0398839. However, we shall affirm the WCJ’s determination with regard to the August 3, 2005 injury in ANA 0398840.Background Applicant has filed four claims of injury, for two specific and two cumulative trauma. , injuries. At issue here is the October 6, 2004 injury to the right elbow in ANA 0398839, and the August 3, 2005 injury to the left wrist in ANA 0398840. The WCJ found applicant did sustain injury to her right elbow, but not to her wrist. In her petition for reconsideration, applicant does not contest the finding of
Catalina Castellon vs. Harte Hanks, Inc., Ace Usa, Adjusted By Esis
, ANA0399441
In this case, Catalina Castellon sought reconsideration of a workers' compensation administrative law judge's (WCJ) decision that her claim for an October 6, 2004 industrial injury to her right elbow was barred under Labor Code section 5405, because she did not attempt to institute proceedings to collect benefits until she filed her Application for Adjudication of Claim on December 13, 2006. The WCJ also concluded that Castellon's claim that defendant denied her claim of injury in bad faith, as well as her claim that she was terminated from her employment, were not supported by the evidence. The Workers' Compensation Appeals Board granted reconsideration to reverse the WCJ's determination with regard to the October 6
- Filed On:
- Court: California, Santa Ana
- Case No. ANA0398839
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