AMERICAN CIVIL CONTRACTORS, ARCH INSURANCE; UNGER CONSTRUCTION’ ,And STATE COMPENSATION INSURANCE FUND DAVID LENNON, WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID LENNON,, Applicant,vs.AMERICAN CIVIL CONTRACTORS, ARCH INSURANCE; UNGER CONSTRUCTION’ ,And STATE COMPENSATION INSURANCE FUND Defendant(s).CaseNo. ADJ5787939ADJ6937055OPINION AND ORDERS GRANTING. PETITION FOR RECONSIDERATIONAND DECISION AFTERRECONSIDERATION IN ADJ6937055 AND DISMISSING PETITIONFOR RECONSIDERATIONIN ADJ5787939 Co defendant American Civil Constructors and Arch Insurance, adjusted by Gallagher Bassett (hereafter “co-defendant Arch Insurance” or “petitioner”), seeks reconsideration of the Joint Findings and Award and Orders issued by a workers’ compensation administrative law judge (WCJ) on July 7. 2010, wherein the WCJ found in ADJ6937055 that applicant, while working as a carpenter during the period from October 14, 2008 to and including November II,2008. sustained industrial injury to his shoulder, ami. right wrist, right elbow and right shoulder. In ADJ5787939, the WCJ found that applicant sustained industrial injury to his right wtisI and right elbow on September 16, 2006 with an exacerbation thereof on September 19, 2006. (Petitioner is not a party in ADJ5787939.) The WCJ further found in ADJ6937055. as relevant here, that applicant s date of injury pursuant to Labor Code section 5412 was November 15,2009. ‘The WCJ awarded applicant temporary’ disability indemnity and further medical treatment to be administered by petitioner, with any issue as to contribution deferred. With respect to the lien of Boehm & Associates on behalf of the Carpenters Health and Welfare (CARGSA), the WCJ found that Boehm was entitled to reimbursement in the amount of S996.35 for the lien filed on October 21, 2009. and in the amount of S25.897.35 for payment of applicant’s treatment costs , claimed in Boehm’s lien of December 8. 2009. Co-defendant Ar
David Lennon vs. Contractors and Insurance in Workers' Comp Case
This case involves a worker's compensation claim by David Lennon against American Civil Contractors, Arch Insurance, Unger Construction, and the State Compensation Insurance Fund. The worker's compensation administrative law judge found that Lennon sustained industrial injury to his shoulder, right wrist, right elbow, and right shoulder on October 14, 2008 and September 16, 2006, respectively. The judge awarded Lennon temporary disability indemnity and further medical treatment to be administered by Arch Insurance, with any issue as to contribution deferred. The judge also found that Boehm & Associates was entitled to reimbursement for the lien filed on October 21, 2009 and December 8, 2009. Arch Insurance sought reconsideration of the decision, arguing that the amount of the costs claimed may exceed the cost of treatment pursuant
- Filed On:
- Court: California, San Francisco
- Case No. ADJ5787939
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