Christopher Corbo vs. Barrett Business Services, Inc., Permissibly Self-insured

In this case, Christopher Corbo was injured while employed on October 3, 2007 when his left foot was crushed by a golf cart. The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and amended the findings and order to find that Corbo's injury did not constitute an amputation as contemplated by Labor Code section 4656(c)(3)(C). The Board affirmed the August 25, 2010 Findings of Fact, except that the third finding was amended.

BARRETT BUSINESS SERVICES, INC., Permissibly Self-Insured CHRISTOPHER CORBO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHRISTOPHER CORBO, Applicant,vs.BARRETT BUSINESS SERVICES, INC., Permissibly Self-Insured, Defendant(s).Case No. ADJ2023774 (OAK 0341839OPINION AND ORDERGRANTING PETITION FOR RECONSIDERATION AND DECISION AFTERRECONSIDERATION Defendant seeks reconsideration of the August 25. 2010 Findings and Order issued by theworkers’ compensation administrative law judge (WCJ) wherein the WCJ found. based upon the. parties’ prior stipulations, that applicant, while employed on October 3, 2007. sustained industrial injury to his left foot and that applicant has been adequately compensated for all periods oftemporary disability claimed tlrough October 3. 2009. The WCJ further found that applicant’s injury constitutes an amputation as contemplated by Labor Code] section 4656(c)(3)(C). All other issues were deferred. Defendant contends that the WCJ erred in finding that applicant’s injury constitutes anamputation as contemplated by section 4656(c)(3)(C) arguing that applicant’s injury does not fit the common sense definition of amputation as used in Cruz v. Merceedes-Ben; of San Francisco (2007) 72 Cal.Cornp.Cases 1281 (Appeals Board en bane). Applicant filed an Answer, and the WCJ issued a Report and Recommendation on Petitionfor Reconsideration (Report) recommending that we deny reconsideration. For the reasons discussed below, we will grant defendant’s petition for reconsideration, amend the Findings and Order reversing the WCJ to find that applicant’s injury does not constitutean amputation as contemplated by section 4656(c)(,3)(C). We will otherwise affirmn the WC.’s 1All further statutory references are to ‘he Labor Code. unless otherwise noted. , decision.’In his Report, the WCJ summarized the facts as follows: “Applicant’s injury occurred when his left foot was crushed by a golf cart. He sustained a severe laceration that avulsed the heel pad from h

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