SANTA CATALINA ISLAND COMPANY; FIREMAN’S FUND INSURANCE COMPANY, FREDERICK KILBRIDE, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFREDERICK KILBRIDE, Applicant,vs.SANTA CATALINA ISLAND COMPANY;FIREMAN’S FUND INSURANCE COMPANY, Defendant(s).Case No. ADJ4044629 (LBO 0383619)OPINION AND DECISION AFTER RECONSIDERATION On June 25, 2009, the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration to study the factual and legal issues. This is our decision after reconsideration. In the Findings and Award of April 3, 2009, the workers’ compensation judge (WCJ) found, in relevant part, that on March 7, 1996, applicant, while employed by Santa Catalina Island Company, then insured as to workers’ compensation liability by Fireman’s Fund, sustained industrial injury to his low back, that applicant is entitled to further medical treatment pursuant to the medical opinion of Dr. Latham, that defendant is liable for self-procured medical treatment, and that defendant denied and delayed medical treatment, entitling applicant to a 25% penalty under Labor Code section 5814. In addition, the WCJ found applicant entitled to 38V2 percent permanent disability based on Dr. Latham’s report of December 5, 1997, to be increased by 25% if permanent disability indemnity has yet to be paid. Finally, although specific findings were not set forth in the Findings and Award, the WCJ stated in her Opinion on Decision that applicant should be reimbursed for transportation costs to and from Catalina Island and for vacation days for applicant’s attendance at QME evaluations and for his appearances at the District Office of the Appeals Board. The WCJ also stated in her Opinion and Decision that “defendants have delayed to resolve the resolution of applicant’s claim therefore defendants are responsible for costs and ordered to increase all benefits delayed by 25%.” , Defendant sought reconsideration of the WCJ’s decision, contending, in sub
Frederick Kilbride, vs. Santa Catalina Island Company; Fireman’s Fund Insurance Company,
This case is about Frederick Kilbride, an employee of the Santa Catalina Island Company, who was injured on March 7, 1996 while employed by the company. The company was insured by Fireman's Fund Insurance Company. The Workers' Compensation Appeals Board granted reconsideration to study the factual and legal issues. The WCJ found that Kilbride was entitled to further medical treatment, that the defendant was liable for self-procured medical treatment, and that the defendant had denied and delayed medical treatment, entitling Kilbride to a 25% penalty under Labor Code section 5814. The WCJ also found Kilbride entitled to 38V2 percent permanent disability based on a medical report, to be increased by 25% if permanent disability indemn
- Filed On:
- Court: California, Long Beach
- Case No. ADJ4044629
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