City And County Of San Francisco, Permissibly Self-Insured Erlinda Bringas WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAERLINDA BRINGAS, Applicant,vs. CITY AND COUNTY OF SAN FRANCISCO, permissibly self-insured, Defendant(s).Case No. SFO 0478646OPINION AND ORDERGRANTING RECONSIDERATIONAND REMOVAL Defendant seeks reconsideration of the Findings of Fact of October 23, 2007, wherein the workers’ compensation administrative law judge (WCJ) found, in essence, that applicant sustained an industrial injury to her heart and cardiovascular system, in the form of a myocardial infarction (heart attack), on January 22, 2003, while employed by defendant. In determining that applicant sustained the compensable industrial injury, the WCJ further found, in relevant part, that applicant’s injury is presumptively industrial because it occurred at work during work hours and that compensability is not barred by the statute of limitations. Defendant contends that applicant did not sustain a compensable industrial injury to her heart and cardiovascular system and that the WCJ erred in concluding otherwise, arguing that there is no applicable presumption of industrial causation, that applicant’s claim is barred by the statute of limitations, and that applicant did not sustain her burden of proving industrial causation. In its petition for reconsideration, defendant also requested leave to have a transcript of the trial prepared and submitted. The WCJ prepared a Report and Recommendation (Report) in which, in relevant part, he stated that the Presiding Workers’ Compensation Administrative Law Judge “ordered” that the requested trial transcript not be prepared, pending a decision on the request from the Appeals Board. , Defendant also seeks removal from, or, in the alternative, reconsideration of, the “order” within the Report denying its request for the trial transcript. Applicant did not file an answer to def
Erlinda Bringas vs. City And County Of San Francisco, Permissibly Self-Insured
- Filed On:
- Court: California, San Francisco
- Case No. SFO0478646
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