THE HOME DEPOT, Permissibly Self- Insured, Administered By SEDGWICK MANAGEMENT SERVICES, CHARLOTTE EYER, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHARLOTTE EYER, Applicant,vs.THE HOME DEPOT, Permissibly Self- Insured, Administered By SEDGWICK MANAGEMENT SERVICES, Defendant(s).Case No. ADJ3651285 (ANA 0387561)ADJ3819613 (ANA 0389318)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings of Fact, Award and Order2 issued by a workers’ compensation administrative law judge (WCJ) on March 10, 2009. In that decision, the WCJ found that applicant, while employed as a cashier and material handler, sustained industrial injury on January 7, 2003 to her left shoulder, neurological system and psyche (Case Number ANA 0387561); and during the period ending March 2003, to her left shoulder, neurological system, left upper extremity and psyche (Case Number ANA 03893182).3 The WCJ further found that applicant was permanently and totally disabled as result of the January 7, 2003 injury. As relevant here, the WCJ also allowed applicant’s attorney a fee based on the permanent disability indemnity awarded. Defendant contends that the WCJ erred in relying on the conclusory statements in the 1While defendant’s petition listed all three case numbers, we note that the WCJ’s decision issued only in Case Numbers ANA 0387561 and ANA 0389318. Applicant also filed a cumulative injury claim bearing Case Number ANA 0389510, but that case was dismissed at the December 18, 2008 trial. (Minutes of Hearing, 12/18/08, p. 2.)2In his decision, the WCJ erroneously noted that the cumulative injury was the subject of Case Number ANA 0389513 (Finding of Fact Number IB).3In his March 10, 2009 decision, the WCJ found applicant did sustain a cumulative injury, but that all her permanent disability was due to her January 7, 2003 specific injury (Findings of Fact Numbers 1B and 2). Also, the WCJ
Charlotte Eyer vs. The Home Depot: Workers' Compensation Case Insights
- Filed On:
- Court: California, Santa Ana
- Case No. ADJ3651285
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