LG ELECTRICAL INC.; BROADSPIRE INSURANCE COMPANY; LOVCO CONSTRUCTION, INC.; STATE COMPENSATION INSURANCE FUND; ANTLER CONSTRUCTION; and GOLDEN EAGLE INSURANCE COMPANY, EDWARD CARDONA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEDWARD CARDONA, Applicantvs.LG ELECTRICAL INC.; BROADSPIREINSURANCE COMPANY; LOVCOCONSTRUCTION, INC.; STATECOMPENSATION INSURANCE FUND;ANTLER CONSTRUCTION; and GOLDENEAGLE INSURANCE COMPANY, Defendant(s).Case No. ADJ736196 (VNO 0487046)OPINION AND ORDER GRANTINGRECONSIDERATION AND DECISIONAFTER RECONSIDERATION Co-defendant State Compensation Insurance Fund (hereafter “SCIF” or “petitioner”), the insurer for Lovco Construction, Inc. (Lovco), seeks reconsideration of the Findings and Award issued by a workers’ compensation administrative law judge (WCJ) on October 16, 2008. In that decision, the WCJ found that applicant, while employed during the period 1997 to November 2, 2001, as a construction worker, sustained industrial injury to his back. The WCJ also found that applicant did not sustain an industrial injury to his knees. The WCJ specifically found that defendant had not met its burden of proof with respect to the statute of limitation defense and the post-termination defense (Lab. Code, § 3600, subd. (a)(10)); and that applicant had not met his burden of proof with respect to the presumption of compensability pursuant to Labor Code section 5402. With respect to the issues of temporary disability, permanent disability and apportionment, the WCJ deferred them and ordered the record to be further developed. The WCJ awarded applicant future medical treatment for his back injury. In its Petition for Reconsideration, SCIF contends that the WCJ erred in finding that the , period of cumulative injury ended as late as November 2, 2001, where applicant was laid off on September 23, 2001, where applicant’s work from November 19, 2000 to September 23, 2001 as a supervisor for SCIF’s insured did not constitute an in
Edward Cardona, vs. Lg Electrical Inc.; Broadspire Insurance Company; Lovco Construction, Inc.; State Compensation Insurance Fund; Antler Construction; And Golden Eagle Insurance Company,
This case involves a dispute between Edward Cardona, LG Electrical Inc., Broadspire Insurance Company, Lovco Construction, Inc., State Compensation Insurance Fund, Antler Construction, and Golden Eagle Insurance Company. Cardona, a construction worker, claimed that he sustained an industrial injury to his back during the period 1997 to November 2, 2001. The Workers' Compensation Appeals Board granted reconsideration to amend the Findings and Award issued by a workers' compensation administrative law judge to reflect an ending date for the cumulative period of September 23, 2001. The Board affirmed the WCJ's decision, except for the amendment to the Findings of Fact.
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ736196
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