Diane Davis vs. Los Angeles County Metropolitan Transportation Authority; Travelers Indemnity Company

(MON 0304365)This case involves Diane Davis, an employee of the Los Angeles County Metropolitan Transportation Authority, who sustained industrial injuries to her right and left wrists, her psyche, in the form of a cognitive disorder (pseudo-dementia), and in the forms of chronic pain syndrome and neuropathic pain syndrome while employed by the MTA. The Workers' Compensation Appeals Board granted reconsideration at the request of defendant Travelers Indemnity Company and defendant Subsequent Injuries Benefits Trust Fund, and ultimately rescinded the WCJ's decision and returned the matter to the trial level for further proceedings and decision by the WCJ. The WCJ must conduct further proceedings to obtain supplemental reports and/or deposition testimony from medical professionals, address S

Los Angeles County Metropolitan Transportation Authority; Travelers Indemnity Company Diane Davis WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADIANE DAVIS, Applicant,vs.LOS ANGELES COUNTY METROPOLITAN TRANSPORTATIONAUTHORITY; TRAVELERS INDEMNITY COMPANY, Defendants.Case No. ADJ2530222 (MON 0304365)(Marina del Rey District Office)OPINION AND DECISION AFTER RECONSIDERATION             On December 11, 2012, we granted reconsideration at the request of defendant Travelers Indemnity Company (Travelers) and defendant Subsequent Injuries Benefits Trust Fund (SIF) each seeking reconsideration of the September 17, 2012 Findings and Award and Order issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found that applicant sustained industrial injury to her “right and left wrists, her psyche, in the form of a cognitive disorder (pseudo-dementia), and in the forms of chronic pain syndrome and neuropathic pain syndrome” while employed by Los Angeles County Metropolitan Authority (MTA)1 as a janitor/mopper-waxer between May 1, 1997 and July 16, 2001 (Case No. ADJ2530222, hereafter referred to as the “subsequent injury”). The WCJ further found that, pursuant to Labor Code2 section 5412, the date of the subsequent injury is August 17, 2000; that applicant sustained two prior industrial injuries to her hands and wrists causing 2% 1 MTA was permissibly self-insured from May 1, 1997 through September 1, 1998 and insured by Travelers from September 1, 1998 through July 16, 2001.2 All further statutory references are to the Labor Code, unless otherwise noted. , permanent disability3; that the subsequent injury “combined with the two prior ones … [caused] permanent and total disability”; and that the subsequent injury “therefore, caused 58% permanent partial disability, and became permanent and stationary on March 1, 2004.” Based on these findings, the WCJ awarded 58% permanent disability against Travelers and ordered SIF to pay applicant the di

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.