General Coating Corporation; and Virginia Surety Insurance Company Felipe Rebollar WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFELIPE REBOLLAR, Applicant,vs. GENERAL COATING CORPORATION; and VIRGINIA SURETY INSURANCE COMPANY, Defendant.Case No. LAO 874417OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Defendant seeks reconsideration of the Findings and Award of October 29,2007, wherein the workers’ compensation administrative law judge (WCJ) found, in essence, that applicant sustained an industrial injury to his back on March 27, 2006, while employed as a painter by General Coating Corporation, Virginia Surety Insurance Company’s insured on the date of injury, and that the injury caused temporary disability from April 11, 2006, through February 20, 2007, need for further medical treatment, and 24% permanent disability, entitling applicant to temporary, disability indemnity for the above-described period, further medical treatment, and permanent disability indemnity totaling $21,965. The Findings and Award of October 29, 2007, was issued after an October 11, 2007 trial at which the WCJ denied defendant’s request for a continuance. Defendant contends that the WCJ erred in denying its request for a continuance of the trial, arguing that defendant established good cause for a continuance because its subpoenaed witnesses were not available. Defendant also contends that the WCJ erred in failing to issue a finding on whether applicant’s hernia condition was industrially-caused, arguing that the parties submitted the issue for decision, but that the WCJ’s decision is silent on the issue. Applicant filed an answer to defendant’s petition for reconsideration.I. We have considered the allegations raised in the petition for reconsideration and answer , thereto, as well as the content of the WCJ’s Report and Recommendation. Based on our review of the record and for the reas
Felipe Rebollar vs. General Coating Corporation; And Virginia Surety Insurance Company
In this case, the Workers' Compensation Appeals Board granted reconsideration of the Findings and Award of October 29, 2007, and rescinded the Findings and Award. The matter was returned to the trial level for further proceedings, including a new trial, and, thereafter, a new decision. The Board also allowed the WCJ an opportunity to make and file findings upon all facts involved in the controversy, including determining whether the disputed body part or parts were injured as a result of the injury.
- Filed On:
- Court: California, Los Angeles
- Case No. LAO874417
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