BLUE CROSS OF CALIFORNIA; ZURICH LOS ANGELES, DENISE GUTH, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADENISE GUTH, Applicant,vs.BLUE CROSS OF CALIFORNIA; ZURICH LOS ANGELES, Defendants.Case No. ADJ792862 (GRO 0034136)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER ZURICH RECONSIDERATION Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Award of September 16, 20091, wherein it was found that, while employed as an auditor during a cumulative period ending on April 18, 2006, applicant sustained admitted industrial injury to her bilateral upper extremities, right shoulder, and neck, causing temporary disability “from December 7, 2006 through July 18, 2007 and for the periods April 19, 2006 through December 6, 2007.” The WCJ also allowed the liens of the “Employment Development Department,”2 State Disability Insurance, and Wellpoint Health Networks. Defendant contends that the WCJ erred in finding that (1) the applicant was temporarily disabled from April 19, 2006 through December 6, 2006, arguing that the applicant should be, estopped from asserting her claim for temporary disability during this period, since she had not 11 informed the defendant of the industrial nature of her disability, and in (2) finding that the applicant 11! was temporarily disabled until December 6, 2007, since the issue submitted to the WCJ for adjudication only included the applicant’s claim for temporary disability through July 18, 2007. The applicant also notes a clerical error in the WCJ’s award wherein the incorrect Finding of Fact is 1The WCJ had issued a Findings of Fact that did not include an Award on August 19, 2009. Defendant filed a Petition for Reconsideration on September 14, 2009. Pursuant to Appeals Board Rule 10859, the WCJ then issued the Findings and Award currently under review. The defendant filed the instant petition for reconsideration on September 30,2009.2We were unable
Denise Guth, vs. Blue Cross Of California; Zurich Los Angeles,
(GRO 0034136)
In this case, Denise Guth was found to have sustained an admitted industrial injury to her bilateral upper extremities, right shoulder, and neck, causing temporary disability from December 7, 2006 through July 18, 2007 and for the periods April 19, 2006 through December 6, 2007. The Workers' Compensation Appeals Board granted reconsideration and amended the Findings and Award of September 16, 2009 to reflect that applicant was temporarily disabled only from April 19, 2006 to July 18, 2007, and corrected a clerical error in the Award. The Board affirmed the Findings and Award of September 16, 2009 for the reasons stated by the WCJ in the Report.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ792862
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