CALIFORNIA HORSEMEN’S ALLIANCE and INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA adjusted by CHARTIS INSURANCE DARA HANRAHAN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADARA HANRAHAN, Applicant,vs.CALIFORNIA HORSEMEN’S ALLIANCE and INSURANCE COMPANY OF THESTATE OF PENNSYLVANIA adjusted by CHARTIS INSURANCE, Defendants.Case No. ADJ7650259(Oakland District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendants California Horsemen’s Safety and Insurance Company of the State of Pennsylvania adjusted by Chartis Insurance (collectively, defendant) seek reconsideration of the Findings, Award and Order (F&A) issued in this case by the workers’ compensation administrative law judge (WCJ) on August 20, 2012. In that F&O, the WCJ found in pertinent part that applicant Dara Hanrahan (applicant) sustained a high-velocity eye injury within the meaning of Labor Code1 section 4656, subdivision (c)(3)(F)2 and was entitled to up to 240 weeks of temporary disability indemnity benefits. Defendant contends in pertinent part that applicant’s injury did not qualify as a high-velocity eye injury because there was no evidence of velocity. We received an answer from applicant. We received a Report and Recommendation (Report) from the WCJ in response to the petition for reconsideration which recommends denial of the petition. We have reviewed the record and considered the allegations of the petition for reconsideration and the answer and the contents of the Report. Based on our review of the record and for the reasons stated below, we will deny defendant’s petition. 1 Unless otherwise stated, all statutory references are to the Labor Code.2 Hereafter section 4656(c)(3)(F). , FACTS Applicant was employed as an exercise rider / apprentice jockey. She sustained specific injury on February 26, 2010 to her head, nose, eyes, face and psyche while mounted on a horse. On March 1, 2010, applicant was examined by Stephe
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