SAN RAMON UNIFIED SCHOOL DISTRICT; Administered By CONTRA COSTA COUNTY SCHOOLS INSURANCE GROUP, ENA PARELLA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAENA PARELLA, Applicant,vs.SAN RAMON UNIFIED SCHOOL DISTRICT; Administered By CONTRA COSTA COUNTY SCHOOLS INSURANCE GROUP, Defendant.Case No. ADJ916313 (SFO 0511481)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings, Award, and Order issued by a workers’ compensation administrative law judge (WCJ) on September 9, 2009, wherein the WCJ found that applicant, while employed as a school bus driver, sustained industrial injury to her low back as a result of a specific incident on February 14, 2007 and during a cumulative period to February 14, 2007, causing temporary disability from February 14, 2007 through the present and continuing, subject to statutory limitations and less credit. Defendant contends the WCJ erred in finding that applicant sustained injury arising out of and in the course of the employment (AOE/COE), arguing that it presented witness testimony that applicant was injured at her home helping care for her husband. Defendant argues applicant is not a credible witness and that her job duties were less strenuous than she alleged. We have considered the petition for reconsideration and we have reviewed the record in this matter. Applicant filed an answer. The WCJ has not filed a Report and Recommendation on Reconsideration (Report) because he is on administrative leave. Based on our review of the record and for the reasons set forth herein, we will grant reconsideration, amend the decision to reflect that applicant did not sustain a specific injury on February 14, 2007, and otherwise affirm the September 9, 2009 Findings, Award, and Order. , FACTS As relevant here, applicant alleged injury to her low back as a result of driving a school bus on February 14,
Ena Parella, vs. San Ramon Unified School District; Administered By Contra Costa County Schools Insurance Group,
(SFO 0511481)This case is about Ena Parella, a school bus driver for the San Ramon Unified School District, who claimed to have sustained an industrial injury to her low back as a result of a specific incident on February 14, 2007 and during a cumulative period to February 14, 2007. The defendant argued that she was injured at her home helping care for her husband. After a review of the record, the Workers' Compensation Appeals Board granted reconsideration, amended the decision to reflect that applicant did not sustain a specific injury on February 14, 2007, and otherwise affirmed the September 9, 2009 Findings, Award, and Order.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ916313
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