SAM KENNEDY, D.D.S., and ZENITH I INSURANCE COMPANY, DARLENE COUNTS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADARLENE COUNTS, Applicant,vs.SAM KENNEDY, D.D.S., and ZENITH INSURANCE COMPANY, Defendants.Case No. ADJ2839869 (EUR 0036695)OPINION AND ORDER DENYING RECONSIDERATION Defendant, Zenith Insurance Company, on behalf of its insured, Sam D. Kennedy, D.D.S., seeks reconsideration of the Supplemental Findings and Award, issued December 15, 2008, in which a workers’ compensation administrative law judge (WCJ) found applicant, Darlene Counts, sustained industrial injury to her right shoulder, but not to her psyche, left shoulder and bilateral upper extremities, on April 1, 2002, and a cumulative trauma injury to her fight upper shoulder, elbow, wrist, peripheral nervous system, upper torso and upper extremities from November 1, 2001 through April 1, 2002, but not to her psyche. The WCJ further held defendant estopped from asserting lack of a petition to reopen as a defense to a determination on the merits. In the absence of evidence of timely utilization review, the WCJ ordered defendant to provide applicant with a chronic pain specialist physician from its Medical Provider Network (MPN) within a reasonable geographic area, or applicant may self-procure such treatment from a physician of her choosing, payable at that provider’s usual and customary fee. The WCJ awarded payment for applicant’s self- procured medical treatment with Eric Wennerholm, D.C., plus 15% of his unpaid billing, plus interest. The WCJ deferred a determination pending further development of the medical record on applicant’s need for psychotropic medication, as well as a determination as to whether applicant sustained a compensable psychiatric injury. , Defendant contends the WCJ exceeded his jurisdiction by making an award of benefits more than five years from the date of injury in the absence of a timely filed petition to reopen. Defendant further contends t
Darlene Counts, vs. Sam Kennedy, D.d.s., And Zenith I Insurance Company,
(EUR 0036695) is a case in which defendant, Zenith Insurance Company, sought reconsideration of a Supplemental Findings and Award issued by a workers' compensation administrative law judge (WCJ). The WCJ found that applicant, Darlene Counts, sustained industrial injury to her right shoulder, but not to her psyche, left shoulder and bilateral upper extremities, on April 1, 2002, and a cumulative trauma injury to her fight upper shoulder, elbow, wrist, peripheral nervous system, upper torso and upper extremities from November 1, 2001 through April 1, 2002, but not to her psyche. The WCJ ordered defendant to provide applicant with a chronic pain specialist physician from its Medical Provider Network (MPN) within a
- Filed On:
- Court: California, Eureka
- Case No. ADJ2839869
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