Debra A. Flores vs. Factory 2 U Stores, Inc.; Royal Sun & Alliance, Adjusted By Integrated Insurance Company

In this case, Debra A. Flores, an employee of Factory 2 U Stores, Inc., and Royal Sun & Alliance, Adjusted by Integrated Insurance Company, sought workers' compensation for injuries sustained to her wrist and hands while employed as a supervisor in a retail store. The Workers' Compensation Appeals Board granted reconsideration and rescinded the findings and award, returning the case to the trial level in order for the WCJ to further develop the record, if necessary, and reanalyze the case under the recent en banc opinion of Benson v. The Permanente Medical Group. The Appeals Board held that the rule in Wilkinson, which allowed a combined award of permanent disability in successive injury cases, is not consistent with the new requirement of

Factory 2 U Stores, Inc.; Royal Sun & Alliance, Adjusted by Integrated Insurance Company Debra A. Flores WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADEBRA A. FLORES, Applicantvs.FACTORY 2 U STORES, INC.; ROYAL SUN& ALLIANCE, Adjusted by INTEGRATEDINSURANCE COMPANY, Defendant(s)Case No.        GRO 0030299; GRO 0033215; GRO 0034583OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION            Defendant, Arrowpoint Capital Corporation, Inc., successor in interest to Royal and Sun Alliance, adjusted by Cambridge Integrated Services Group, seeks reconsideration of the Finding and Award of November 8, 2007, wherein it was found, inter alia, that applicant, born January 6, 1962, while employed as a supervisor in a retail store on September 14, 2003 (Case No. GRO 0030299), between January 2004 and June 2004 (Case No. GRO 0034583) and between July 1999 and November 2003 (Case No. GRO 0033215) sustained industrial injury to her wrist and hands; that applicant is in need of further medical treatment; and that there is no basis for apportionment. In Case No. GRO 0030299, it was further found that the injury caused permanent disability of 50%, in the total dollar sum of $11,440.00; and that the reasonable value of the services of applicant’s attorney is $1,372.80, to be commuted from the far end of the reward.    In Case No. GRO 0033215, it was further found that the injury caused permanent disability of 50%, in the total dollar sum of $30,316.00; and that the reasonable value of the services of applicant’s attorney is $3,637.92, to be commuted from the far end of the reward. In Case No. GRO 0034583, it was further found that the injury caused permanent disability of 50%, in the total dollar sum of , $15,444.00; and that the reasonable value of the services of applicant’s attorney is $1,853.28 to be commuted from the far end of the reward.            In his opinion on decision, the workers’ compensation administrative law judge (WCJ) indica

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