MCDONNELL DOUGLAS; CIGA through its servicing facility, CAMBRIDGE INTEGRATED SERVICES GROUP, for FREMONT for INDUSTRIAL INDEMNITY, in liquidation, DEBORAH GROSS (BUTLER), WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADEBORAH GROSS (BUTLER), Applicant,vs.MCDONNELL DOUGLAS; CIGA through its servicing facility, CAMBRIDGE INTEGRATED SERVICES GROUP, for FREMONT for INDUSTRIAL INDEMNITY, in liquidation, Defendant(s).Case Nos. ADJ4141364 (MON 0148578)ADJ1953565 (MON 0155282)ADJ773621 (MON 0199028)OPINION AND ORDERS DENYING APPLICANT’S PETITION FOR RECONSIDERATION AND DISMISSING DEFENDANT’S PETITION FOR RECONSIDERATION Applicant, in pro per, and “The Boeing Company c/o AIG Claims Services” each seek reconsideration of the three, separate, Findings and Awards, issued March 18, 2009 and amended for clerical error on March 30, 2009, wherein the workers’ compensation administrative law judge (WCJ) found that applicant: 1) sustained an industrial injury to her neck and right shoulder on February 24, 1990, resulting in 27% permanent disability in a total sum of $14,770.00 (MON 0148578, ADJ4141364); 2) sustained an industrial cumulative trauma injury to her back from June 15, 1991 to June 15, 1992, resulting in 6.75% permanent disability in the total sum of $2,835.00 (MON 0155282, ADJ1953565); and 3) sustained an industrial injury to her neck, back and shoulder on October 11, 1993, resulting in 10.75% permanent disability, in a total sum of $4,656.00 (MON 0199028, ADJ773621). The three Awards were based on the formal ratings prepared by the DEU and the WCJ has indicated in the Opinions on Decision that the formal rating instructions were based upon the reports of AME, Alan Sanders, M.D. Applicant contends that the WCJ erred: (1) by finding that all of applicant’s industrial injuries became permanent and stationary at the same time; (2) by finding that applicant’s combined disability is reduced by “Benson” (Benson v. WCAB (2009) 74 Cal.Comp.Cases 11);
Deborah Gross (butler), vs. Mcdonnell Douglas; Ciga Through Its Servicing Facility, Cambridge Integrated Services Group, For Fremont For Industrial Indemnity, In Liquidation,
In this case, Deborah Gross (Butler) was seeking workers' compensation for three separate industrial injuries to her neck, back, and shoulder. The Workers' Compensation Appeals Board denied her petition for reconsideration and dismissed the defendant's petition for reconsideration. The defendant, The Boeing Company, had not filed a verified petition and was not currently aggrieved. The Board found that the Workers' Compensation Administrative Law Judge had correctly found that Gross had sustained the injuries and was entitled to compensation.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ4141364
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