Gallo Winery, Permissibly Self·Insured Celestino Aguilar-Maldonado WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACELESTINO AGUILAR-MALDONADO, Applicant,vs.GALLO WINERY, Permissibly Self-Insured, Defendant(s).Case No. STK 166227OPINION AND ORDER DENYING RECONSIDERATION Applicant, Celestino Aguilar-Maldonado, seeks reconsideration of the October 21, 2007Findings and Order, wherein it was found that applicant did not sustain new and further disabilityto his psyche, based on an industrial injury to his back of May 5, 2001. It was ordered thatapplicant take nothing further by reason of his claim. In his opinion on decision, the workers’compensation administrative law judge (WCJ) states, in pertinent part:‘’On 1/27/06, applicant filed a Petition to Reopen claiming new and further injury to his psyche. That issue came to trial before the undersigned judge on 7/23/07. Again, applicant testified. On leading questions from his own counsel, he agreed that he has feelings which he would describe as depression and that those feelings had started because of his pain and about two months after his injury in 5/01. He agreed he was irritable. He had first noticed symptoms of sadness and unhappiness two months after his injury of 5/01. He has not sought treatment. He had seen Dr. Schneider as his QME but didn’t recall telling that doctor that problems with his memory started 9/03. He had taken a job driving a truck for two months in 2003; on cross-examination he testified his problems with depression began before he started that truck driving job. He agreed that since that time his depression has improved.“Applicant’s testimony was credible. Whatever psyche condition he has is not a new and further disability. They existed at the time of the parties stipulations on 5/20/03 and were not included at that , time.” Applicant contends that 1) the WCJ erred in finding no new and further disability for applicant’s psychological sequela injury on the basis th
Celestino Aguilar-maldonado vs. Gallo Winery, Permissibly Self·insured
- Filed On:
- Court: California, Stockton
- Case No. STK166227
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