Catherine Blutcher vs. Wells Fargo Bank; Specialty Risk

In this case, Wells Fargo Bank and Specialty Risk were defendants in a workers' compensation case brought by Catherine Blutcher. The workers' compensation administrative law judge found that Blutcher sustained an industrial injury while employed from January 1, 2002 to July 8, 2009, resulting in temporary disability from July 8, 2009 to March 15, 2010 and 79% permanent disability. Wells Fargo Bank and Specialty Risk sought reconsideration of the decision, arguing that the decision was not supported by substantial medical evidence and that the medical record was inadequate to support a finding of injury. The Workers' Compensation Appeals Board denied the petition for reconsideration, finding that Wells Fargo Bank and Specialty Risk had not provided sufficient evidence to establish personnel actions as a cause

Wells Fargo Bank; Specialty Risk Catherine Blutcher WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACATHERINE BLUTCHER, Applicant,vs.WELLS FARGO BANK; SPECIALTY RISK, Defendants.Case No. ADJ6988363 (Los Angeles District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Defendant seeks reconsideration of the March 18, 2013 Findings and Award wherein the workers compensation administrative law judge (WCJ) found that applicant sustained an industrial injury while employed during the period January 1, 2002 through July 8, 2009 to her psyche, internal system, and in the form of a sleep disorder. The WCJ also found that the injury resulted in temporary disability from July 8, 2009 through March 15, 2010 and 79% permanent disability.            Defendant contends, in essence, that the WCJ erred in finding that applicant sustained an industrial injury, arguing that the WCJ’s decision is not supported by substantial medical evidence. Defendant also contends that the medical record is inadequate to support a finding of injury because the medical evaluators did not have an accurate history. Finally, defendant contends that the medical record should be further developed on the issue of causation and defendant’s allegation that applicant’s injuries were substantially caused by good faith personnel actions.            We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have received an Answer from applicant. The WCJ prepared a Report and Recommendation on Petition for Reconsideration recommending that we deny reconsideration.            For the reasons discussed by the WCJ in his Report, which we adopt and incorporate by reference, and for the reasons discussed below, we will deny reconsideration.            The defendant has the burden of proof on affirmative defenses, including the “good faith , personnel action” defense. “The burden of proof rests upon the party or lien claimant holding the aff

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