SOUTH COAST PLAZA SECURITY; EVEREST NATIONAL INSURANCE COMPANY; and AMERICAN SAFETY CASUALTY COMPANY, DOUGLAS DEES, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADOUGLAS DEES, Applicant,vs.SOUTH COAST PLAZA SECURITY; EVEREST NATIONAL INSURANCE COMPANY; and AMERICAN SAFETYCASUALTY COMPANY, Defendants.Case No. ADJ2321368 (AHM 0118316)ADJ4304697 (AHM 0118317)ADJ2426051 (AHM 0118318)OPINION AND ORDER DENYING RECONSIDERATION Defendant, Everest National Insurance Company (Everest) seeks reconsideration of the Opinion and Order Granting Petitions for Reconsideration and Decision After Reconsideration of May 20. 2009, wherein we granted reconsideration of the Joint Findings and Orders of February 26, 2009. In that decision, the workers’ compensation judge (WCJ) found, in essence, that applicant sustained: 1) an admitted industrial injury to his back on May 4, 2003 (case number AHM 01183171), while employed as a security guard by South Coast Plaza Security, Everest’s insured on the date of injury; and 2) an industrial injury to his right foot, while employed during a period through January 13, 2004 (case number AHM 01183162), as a security guard by South Coast Plaza Security, American Safety Casualty Company’s (American) insured for the period from January 1, 2001, through December 31, 2001, and Everest’s insured for the period from January 1, 2002, through January 13, 2004. The WCJ also found that good cause did not exist to relieve Everest of its stipulation that applicant sustained the industrial right foot injury during a period from December 2000 through January 13, 2004, found that the “date of injury,” pursuant to 1There does not appear to be any dispute regarding the single finding in the case dealing with applicant’s admitted specific back injury of May 2003.2It does not appear that the WCJ made any findings regarding the alleged injury that is the subject matter of case number AHM 0118318. , Labor Code section 54123, is April 27, 2001, and ordere
Douglas Dees, vs. South Coast Plaza Security; Everest National Insurance Company; And American Safety Casualty Company,
In this case, Douglas Dees, an applicant, was granted reconsideration of the Joint Findings and Orders of February 26, 2009, wherein it was found that he sustained an admitted industrial injury to his back on May 4, 2003, and an industrial injury to his right foot during a period through January 13, 2004. The Workers' Compensation Appeals Board denied the defendant, Everest National Insurance Company's, petition for reconsideration, finding that the applicant's election against Everest was proper and deferring the issue of the "date of injury" for purposes of an allocation of liability.
- Filed On:
- Court: Anaheim, California
- Case No. ADJ2321368
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