EXCHANGE BANK, STATE COMPENSATION INSURANCE FUND, CIGA, adjusted by BROADSPIRE, on behalf of SUPERIOR NATIONAL INSURANCE COMPANY and LEGION INSURANCE COMPANY, in liquidation, FRANCES OTANI, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFRANCES OTANI, Applicant,vs.EXCHANGE BANK, STATE DENYING RECONSIDERATION COMPENSATION INSURANCE FUND, CIGA, adjusted by BROADSPIRE, on behalf of SUPERIOR NATIONAL INSURANCE COMPANY and LEGION INSURANCE COMPANY, in liquidation, Defendants.Case Nos. ADJ4234150 (SRO 0140257)ADJ1167624 (SRO 0139040)ADJ6595882 (NO WCAB No.)OPINION AND ORDER DENYING RECONSIDERATION Defendant, California Insurance Guarantee Association (CIGA), seeks reconsideration of the February 10, 2009 Joint Findings, Award, and Order, wherein the workers’ compensation administrative law judge (WCJ) found that the applicant sustained three industrial cumulative trauma injuries. In ADJ 4234150, the WCJ found that the applicant sustained an industrial injury during the cumulative period through March 15, 2000 to her upper extremities (thumbs) that caused 3% permanent disability. In ADJ 1167624, the WCJ found that the applicant sustained an industrial injury during the cumulative period through April 19, 2001 to her elbows, wrists and hands that caused 37% permanent disability. In ADJ 1167624, the WCJ also found that applicant’s attorney was entitled to an attorney’s fee of $3570.00 to be paid by CIGA. In ADJ 6595882, the WCJ found that that the applicant sustained an industrial injury during the cumulative period through August 20, 2002 to her neck that caused no ratable permanent disability. CIGA contends that the WCJ erred in finding three cumulative trauma injuries, arguing that the WCJ cannot pick and choose between medical reports and must give full weight to all of the findings of a physician. CIGA also contends that the WCJ erred in awarding applicant’s attorney , an attorney’s fee against CIGA, arguing that the WCJ amended the cumul
Frances Otani, vs. Exchange Bank, State Compensation Insurance Fund, Ciga, Adjusted By Broadspire, On Behalf Of Superior National Insurance Company And Legion Insurance Company, In Liquidation,
, Exchange Bank , State Compensation Insurance Fund , CIGA , Broadspire , Superior National Insurance Company , Legion Insurance Company , Frances Otani , Workers' Compensation Appeals Board , California Insurance Guarantee Association , Labor Code section 5412 , Dr. Mazur , Dr. Guinney , Dr. Gupta , Levesque v. Workers' Comp. Appeals Bd. , Luchini v. Workers' Comp. Appeals Bd. In this case, Frances Otani sought workers' compensation for three industrial cumulative trauma injuries. The Workers' Compensation Appeals Board found that the applicant sustained an injury to her upper extremities (thumbs) that caused 3% permanent disability, an injury to her elbows, wrists and hands that caused
- Filed On:
- Court: California, Santa Rosa
- Case No. ADJ4234150
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