ACCURIDE INTERNATIONAL, INC.; SEDGWICK CLAIMS MANAGEMENT ELVIRA CABRAL WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAELVIRA CABRAL, Applicant,vs.ACCURIDE INTERNATIONAL, INC.; SEDGWICK CLAIMS MANAGEMENT, Defendants.Case No. ADJ1029045 (LAO 0790607)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATIONAND DENYING PETITION FOR REMOVAL Applicant seeks reconsideration, or in the alternative, removal, of the Findings of Fact and Order issued June 28, 2012, wherein the workers’ compensation administrative law judge (WCJ) found that “the reports of Dr. Windler are not substantial evidence”, ordered that “these reports be stricken from the record”, and ordered the matter off calendar. The admissibility of Dr. Windler’s reports was the only issue submitted for decision. In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ explained that Dr. Windler’s reports were not substantial evidence because Dr. Windler failed to review records regarding applicant’s non-industrial personal injury accident of December 10, 2003. Applicant contends that the WCJ erred by finding that Dr. Windler’s reports are not substantial evidence and had ordered those reports “stricken from the record” arguing: (1) that Dr. Windler adequately reviewed the medical records regarding applicant’s condition and his reports are substantial evidence; (2) that defendant possessed the records regarding the non-industrial automobile accident “in December, 2007” but failed to ask Dr. Windler to comment upon the non-industrial automobile accident when the parties requested that Dr. Windler issue a supplemental report (Petition, p. 5 11. 10-15); and (3) that applicant’s non-industrial auto accident in 2003 “only involved minor injuries to her middle and low back and she never received any psychiatric evaluations or treatment regarding that auto accident.” , (Petition, p. 5 11. 19-22.) Applicant further contends that the WCJ’s decision fails
ELVIRA CABRAL vs. ACCURIDE INTERNATIONAL, INC.; SEDGWICK CLAIMS MANAGEMENT
This case is about Elvira Cabral's petition for reconsideration and removal of the Findings of Fact and Order issued June 28, 2012, wherein the workers' compensation administrative law judge (WCJ) found that the reports of Dr. Windler were not substantial evidence and ordered that these reports be stricken from the record. The WCJ explained that Dr. Windler's reports were not substantial evidence because Dr. Windler failed to review records regarding applicant's non-industrial personal injury accident of December 10, 2003. The Petition for Reconsideration was dismissed because there was no final order which is subject to reconsideration at this time. The Petition for Removal was denied because applicant failed to establish that the order, decision or action will result
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ1029045
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