Albertsons and Sedwick CMS Debbie Day WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADEBBIE DAY, Applicant,vs. ALBERTSONS and SEDWICK CMS, Defendants.Case Nos. ADJ6777284, ADJ6777302, ADJ7465280 (Oakland District Office)ORDER DENYING RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the arbitrator with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration. In addition, we hereby order that page 9 of the arbitrator’s Opinion on Decision is deemed to have been AMENDED per page 4 of his Report. , For the foregoing reasons,IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD_________________________________________ FRANK M. BRASSI CONCUR,___________________________________RONNIE G. CAPLANE___________________________________ALFONSO J. MORESIDATED AND FILED AT SAN FRANCISCO, CALIFORNIAJAN 07 2013SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.VALENCIA & WILBERDINGWAI & CONNORADELSON, TESTAN, ET ALBOEHM & ASSOCIATESRAYMOND FROST, ARB.ebc , RAYMOND E. FROSTRAYMOND E. FROST & ASSOCIATESAttorneys at Law39510 Paseo Padre Parkway- Suite 300Fremont, California 94538(510) 792-5310ARBITRATORSTATE OF CALIFORNIAWORKERS’ COMPENSATION APPEALS BOARDWCAB CASE NO: ADJ6777284, ADJ7465280, ADJ6777302REPORT AND RECOMMENDATION ONPETITION FOR RECONSIDERATIONDEBBIE DAY, Applicant,VS. ALBERTSONS, et. al.,Defendants.______________________________________/I. INTRODUCTION I was the duly appointed arbitrator in this case, appointed pursuant to stipulation between the parties through their respective counsel of record. I made Findings of Fact and issued Findings, Award and Order, served on 10-12-16. Petitioner, Albertson, Inc, PSI,
Debbie Day vs. Albertsons And Sedwick CMS
This case is about the workers' compensation appeals board in California denying a petition for reconsideration from Albertsons and Sedwick CMS. The petition was regarding the three cumulative trauma injuries sustained by the applicant, Debbie Day, while in the course and scope of her employment. The board found that the petition was not based on any of the enumerated grounds set forth in Labor Code Section 5903 and should be considered a request for correction of a clerical error. The board amended the opinion on decision to clarify that SaveMart/Pegasus had no basis to claim contribution since they had sole liability for the 2009 injury and no liability for the 2005 and 2006 injuries.
- Filed On:
- Court: California, Oakland
- Case No. ADJ6777284
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