PAUL, HASTINGS, JANOFSKY & WALKER/AMERICAN HOME INSURANCE, Adjusted By SPECIALTY RISK SERVICES, GABRIELLA DIAZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGABRIELLA DIAZ, Applicant,vs.PAUL, HASTINGS, JANOFSKY & WALKER/AMERICAN HOME INSURANCE,Adjusted By SPECIALTY RISK SERVICES, Defendant.Case No. ADJ1444734 (LAO 0878394)ADJ4417132 (LAO 0878395)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award issued by the workers’ compensation administrative law judge (WCJ) on February 24, 2009, wherein the WCJ found that applicant remains temporarily and totally disabled from January 2, 2008, through the present and continuing, until she is offered and can perform a lighter job position or until medical improvement of her condition takes place by surgery or injection of steroids. Previously, the parties stipulated that applicant, while employed as a senior billing coordinator from April 18, 2005, to March 3, 2007, sustained an admitted cumulative injury to her right wrist. Defendant contends the WCJ erred in finding applicant was temporarily totally disabled (TTD) from January 2, 2008, to the present and continuing, arguing that the WCJ should have found that applicant’s condition was permanent and stationary (i.e., that she had reached maximum medical improvement (MMl)), on May 19, 2008, based on the opinion of the her primary treating physician, Melvin H. Nutig, M.D. Defendant also contends that the WCJ erred in relying on applicant’s testimony with respect to her inability to perform modified work, arguing that the opinions of the reporting physicians support that she can return to the modified work offered by her employer. We have considered the allegations of the petition for reconsideration and the contents of the Judge’s Recommendation on Petition for Reconsideration (Report) by the WCJ. Applicant filed , an answer. Based on our r
Gabriella Diaz, vs. Paul, Hastings, Janofsky & Walker/american Home Insurance, Adjusted By Specialty Risk Services,
This case is about a worker's compensation dispute between Gabriella Diaz and Paul, Hastings, Janofsky & Walker/American Home Insurance. Diaz was injured while working as a senior billing coordinator from April 18, 2005 to March 3, 2007. The parties agreed to utilize an agreed medical examiner who found that Diaz could return to modified duty with the restriction of no keyboarding for more than 30 minutes out of every hour, and no overtime. On January 2, 2008, Diaz returned to her primary treating physician, who issued a "Certificate for Return to Work," which placed her back on temporary total disability for six weeks. On May 19, 2008, the primary treating physician concluded that Diaz had reached maximum medical improvement and that she could work with
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ1444734
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