BEST SOFTWARE, XL SPECIALTY INSURANCE COMPANY; and UNITED STATES FIDELITY & GUARANTY, DARLENE KRAMER, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADARLENE KRAMER, Applicant,vs.BEST SOFTWARE, XL SPECIALTY INSURANCE COMPANY; and UNITED STATES FIDELITY & GUARANTY, Defendants.Case No. ADJ274810 (SAC 0342774)OPINION AND ORDERS DENYING DEFENDANT UNITED STATES FIDELITY & GUARANTY’S PETITION FOR RECONSIDERATION; GRANTING RECONSIDERATION ON APPEALS BOARD MOTION; AND DECISION AFTER RECONSIDERATION Defendant United States Fidelity & Guaranty (Fidelity) seeks reconsideration of the Opinion and Decision After Reconsideration of November 3, 2009, wherein we amended, the Findings and Award and Order of May 15, 2009. In that decision, the workers’ compensation judge (WCJ) found that applicant sustained an industrial injury to her spine during a period through December 31, 2003, while employed as a customer support technician by Best Software, XL’s insured through February 28, 2004, and the insured of XL’s co-defendant, Fidelity, from February 29, 2004, through February 28, 2005. The WCJ further found, in relevant part, that the injury caused applicant a need for further medical treatment and 65% permanent disability after apportionment, entitling her to further medical treatment and permanent disability indemnity totaling $71,456.25. As our Decision After Reconsideration, we amended the Findings and Award and Order of May 15, 2009, to find that applicant sustained the industrial injury to her spine while employed by Best Software as a customer support technician during a period through September 23, 2004. We otherwise affirmed the Findings and Award and Order, including the finding that the injury caused 65% permanent disability and, therefore, entitled applicant to permanent disability 1We previously granted defendant XI- Specialty Insurance Company’s (XL’s) petition for reconsideration of the May 15, 2009 Findings and Award and Order to further study the issu
Darlene Kramer vs. Best Software & XL Specialty Insurance Case
(SAC 0342774) is a case in which defendant United States Fidelity & Guaranty (Fidelity) sought reconsideration of the Opinion and Decision After Reconsideration of November 3, 2009, wherein the workers' compensation judge (WCJ) found that applicant sustained an industrial injury to her spine during a period through December 31, 2003, while employed as a customer support technician by Best Software, XL's insured through February 28, 2004, and the insured of XL's co-defendant, Fidelity, from February 29, 2004, through February 28, 2005. The WCJ further found, in relevant part, that the injury caused applicant a need for further medical treatment and 65% permanent disability after apportionment,
- Filed On:
- Court: California, Sacramento
- Case No. ADJ274810
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