LOS ANGELES UNIFIED SCHOOL DISTRICT; SEDGWICK CLAIMS MANAGEMENT SERVICES, FLORENE HARTFIELD, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFLORENE HARTFIELD, Applicant,vs.LOS ANGELES UNIFIED SCHOOL DISTRICT; SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants.Case No. ADJ1687053 (MON 0281584)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant, Los Angeles Unified School District (LAUSD), permissibly self-insured, seeks reconsideration from the July 6, 2009 Findings and Award, in which a workers’ compensation administrative law judge (WCJ) granted applicant, Florene Hartfield’s petition to reopen her October 2, 2002 Stipulated Award, and found her permanent disability had increased from 45% to 64%, without apportionment. Defendant contends the WCJ erred by failing to apportion some of applicant’s permanent disability to non-industrial causation, as found by the reporting physicians, including Dr. Naim, applicant’s primary treating physician. Defendant further argues that the WCJ should not have relied upon Dr. Naim’s reporting to find increased permanent disability if his findings on apportionment are determined to be inadequate or erroneous. Applicant has filed an answer to defendant’s petition. We shall deny defendant’s petition for reconsideration and will affirm the WCJ’s determination, as there is no substantial medical evidence addressing apportionment of the increase in applicant’s permanent disability./// , BackgroundApplicant, Florene Hartfield, sustained an industrial injury on October 2, 2000, to her left shoulder, left ankle, left hip and left knee, while employed as a teacher by the LAUSD. She settled her claim by Stipulations with Request for Award for 45% permanent disability, which was approved on October 2, 2002. Applicant filed a petition to reopen for new and further disability in May of 2005. I support of her petition, applicant offered the opinion of Dr. Naim. Defendant obtained a r
Florene Hartfield, vs. Los Angeles Unified School District; Sedgwick Claims Management Services,
(MON 0281584) is a case in which the Los Angeles Unified School District (LAUSD) sought reconsideration from the July 6, 2009 Findings and Award, in which a workers' compensation administrative law judge (WCJ) granted applicant, Florene Hartfield's petition to reopen her October 2, 2002 Stipulated Award, and found her permanent disability had increased from 45% to 64%, without apportionment. The WCJ found that there was no substantial medical evidence to support apportionment of applicant's new and further permanent disability, and the petition for reconsideration was denied.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ1687053
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