81 GRAND HOLDINGS, INC., dba CALIFORNIA REHABILITATION and ILLINOIS MIDWEST INSURANCE AGENCY, LLC on behalf of PROCENTURY INSURANCE COMPANY, ERNEST MILLETTE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAERNEST MILLITTE, Applicant,vs.81 GRAND HOLDINGS, INC., dba CALIFORNIA REHABILITATION and ILLINOIS MIDWEST INSURANCE AGENCY, LLC on behalf of PROCENTURY INSURANCE COMPANY, Defendants.Case No. ADJ9349861(San Jose District Office)ORDER DENYING PETITION FOR RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration. In adopting the WCJ’s Report, we observe that, because this case involves a September 11, 2013 injury, the reference to “Section 9792.9(b)(2)(C)” [sic]1 at page 2 should be to “Section 9792.9.1 (b)(l)(C?” and that the references to “Rule 9792.9(b)(1)(D)” at pages 3 and 5 (twice) should be to “Rule 9792.9.1(b)(1)(D).” Furthermoire, we admonish defendant’s counsel for misstating the evidence on causation. 1 Actually, Section I 792.9(b)(1)(C). , For the foregoing reasons,IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD_______________________________________________RONNIE G. CAPLANEI CONCUR, _______________________________________________ NEIL P. SULLIVAN CONCURRING, BUT NOT SIGNING_______MARGUERITE SWEENEY______________DATED AND FILED AT SAN FRANCISCO, CALIFORNIA AUG 08, 2014SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIRADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD. BRADFORD & BARTHELBUTTS & JOHNSONERNEST MILLETTEebc , Worker’s Compensation Appeals BoardState of CaliforniaErnest Millette vs California Rehabilitation and ProcenturyInsurance Co., adjusted by
ERNEST MILLETTE vs. 81 GRAND HOLDINGS & CALIFORNIA REHABILITATION
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- Filed On:
- Court: California, San Jose
- Case No. ADJ9349861
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