Sysco Foods; Zurich American And American Home Assurance, administered by Gallagher Basset David Guzman WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID GUZMAN, Applicant,vs.SYSCO FOODS; ZURICH AMERICAN AND AMERICAN HOME ASSURANCE,. administered by GALLAGHER BASSET, Defendants.Case Nos. ADJ7106688ADJ7106693ADJ7503858 (Oxnard District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of the December 31, 2012 Amended Findings, Award and Orders wherein the workers’ compensation administrative law judge (WCJ) found that applicant sustained an industrial injury to his back on October 14, 2009 in ADJ7106688 that caused 3% permanent disability and an industrial injury to his back on November 25, 2008 in ADJ7106693 that caused 27% permanent disability. The WCJ also found that applicant did not sustain a cumulative trauma injury to his back and psyche through October 6, 2010 in ADJ 7503858. The WCJ also issued an evidentiary order excluding the reports of Dr. Curtis from evidence. Applicant contends that the WCJ erred in finding that applicant did not sustain an injury to his psyche, arguing that Dr. Curtis’ reports should have been admitted into evidence and that those reports are substantial medical evidence that applicant sustained a psychiatric injury. We have received an answer from defendant, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report) recommending that applicant’s petition be denied. For the reasons stated by the WCJ in her Report, which we adopt and incorporate by reference with the exception of her discussion of the admissibility of Dr. Curtis’ reports, we will deny reconsideration./// , While we would have admitted Dr. Curtis’ reports into evidence under Labor Code section 5703, which allows for the admission of “reports of attending or examining physicians,” even after considering the reports, it is clear that appl
David Guzman vs. Sysco Foods: Legal Insights on Workers' Compensation
In this case, David Guzman sought reconsideration of the December 31, 2012 Amended Findings, Award and Orders wherein the workers' compensation administrative law judge (WCJ) found that he sustained an industrial injury to his back on October 14, 2009 and November 25, 2008 that caused 3% and 27% permanent disability, respectively. The WCJ also found that he did not sustain a cumulative trauma injury to his back and psyche through October 6, 2010. The WCJ also issued an evidentiary order excluding the reports of Dr. Curtis from evidence. The WCJ recommended that the petition for reconsideration be denied and the Workers' Compensation Appeals Board adopted the recommendation, denying the petition for reconsideration.
- Filed On:
- Court: California, Oxnard
- Case No. ADJ7106688
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.