ST. JUDE MEDICAL CENTER; and ST. PAUL FIRE & MARINE INSURANCE COMPANY, DIONISIA SAMSON, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADIONISIA SAMSON, Applicant,vs.ST. JUDE MEDICAL CENTER; and ST.PAUL FIRE & MARINE INSURANCE COMPANY, Defendant.Case No. ADJ4538878 (VNO 0502982)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Order Granting Petition to Reopen and Findings and Award and Order of October 23, 2008, wherein the workers’ compensation judge (WCJ) reopened applicant’s October 2005 award, among other things, of further medical treatment and 53% permanent disability that applicant received for the admitted industrial injury that she sustained to her hands, arms, neck, and back on October 28, 2002, while employed by defendant as an assembler, because he found that the injury caused new and further disability in the form of 100% permanent disability, entitling applicant to further medical treatment and permanent total disability indemnity at the weekly rate of $340.55 for life. The WCJ further found that applicant reasonably and necessarily self-procured medical treatment and that defendant unreasonably delayed paying applicant’s medical treatment and mileage expenses that were awarded in the October 2005 decision, entitling applicant to reimbursement for her self-procured medical expenses and a 10% penalty, pursuant to Labor Code section 58141, on the unreasonably delayed medical expenses. Defendant ostensibly contends that applicant is not entitled to any benefits in addition to those that she was awarded in October 2005, arguing that her claim for new and further disability is barred by the statute of limitations of section 5410 because she did not obtain admissible evidence 1All further statutory references are to the Labor Code, unless otherwise noted. , of the new and further disability within five years from the date of the injury, that the October 2006 repor
Dionisia Samson, vs. St. Jude Medical Center; And St. Paul Fire & Marine Insurance Company,
This case involves a worker's compensation claim by Dionisia Samson against St. Jude Medical Center and St. Paul Fire & Marine Insurance Company. Samson sustained an admitted industrial injury to her hands, arms, neck, and back on October 28, 2002, while employed as an assembler by St. Jude Medical Center. On October 17, 2005, the Workers' Compensation Judge (WCJ) issued a Findings and Award, determining that the injury caused some temporary disability, a need for applicant to have self-procured medical treatment, a need for further medical treatment, and 53% permanent disability. On September 18, 2006, Samson filed a petition to reopen her October 2005 award, alleging that the injury caused her new and further permanent
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ4538878
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