COUNTY OF ORANGE; Adjusted by SOUTHERN CALIFORNIA RISK MANAGEMENT ASSOCIATION, CYNTHIA SALGADO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACYNTHIA SALGADO, Applicant,vs.COUNTY OF ORANGE; Adjusted by SOUTHERN CALIFORNIA RISKMANAGEMENT ASSOCIATION, Defendants.Case No. ADJ3664982 (LBO 0390702)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant, Cynthia Salgado, seeks reconsideration of the Findings, Award and Order, issued February 26, 2009, in which a workers’ compensation administrative law judge (WCJ) found that as a result of her admitted injury to her bilateral wrists, over the period ending October 16, 2006, while employed by the County of Orange Animal Control Services Department, applicant sustained 14% permanent disability and need for further medical treatment. The WCJ also found applicant did not sustain an industrial cumulative trauma injury to her cervical spine. The WCJ further held the medical reports of applicant’s treating physician, Dr. Payandeh, were not admissible as evidence, because Dr. Payandeh was not part of defendant’s Medical Provider Network (MPN) and applicant did not intend to pay for the treatment provided by Dr. Payandeh as self-procured medical treatment. Citing Labor Code section 5803, the WCJ rescinded his prior Findings and Award, in which applicant was awarded continuing temporary disability, “based on a mutual mistake of fact that the medical reports of Dr. Payehdah [sic] were admissible” and ordered applicant to reimburse defendant the sum of $18,165.19, for the temporary disability benefits awarded. The WCJ also found defendant was entitled to reimbursement for its payments to Dr. Payandeh. , Applicant contends the WCJ acted in excess of his powers in reversing his prior determination and finding the medical reports of Dr. Payandeh to be inadmissible, where a panel decision of the Workers’ Compensation Appeals Board had previously ruled the rep6rts of Dr. Pa
Cynthia Salgado, vs. County Of Orange; Adjusted By Southern California Risk Management Association,
- Filed On:
- Court: California, Long Beach
- Case No. ADJ3664982
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