TRA PAC; U.S. FIDELITY AND GUARANTEE INSURANCE COMPANY (previously incorrectly identified as SIGNAL MUTUAL INSURANCE COMPANY), adjusted by GALLAGHER BASSETT, GEORGINA HENSON, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGEORGINA HENSON, Applicant,vs.TRA PAC; U.S. FIDELITY AND GUARANTEE INSURANCE COMPANY (previously incorrectly identified as SIGNALMUTUAL INSURANCE COMPANY), adjusted by GALLAGHER BASSETT, Defendant,Case No. ADJ1482040 (SFO 508301)OPINION AND ORDER DENYING APPLICANT’S PETITION FOR RECONSIDERATION, GRANTING DEFENDANT’S PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant and defendant each seek reconsideration of the October 14, 2008 Finding and Award of the workers’ compensation administrative law judge (WCJ), who found that applicant incurred industrial injury to her hips, right knee, low back and hands while employed as a longshoreman on November 29, 2007, causing a period of temporary total disability beginning February 22, 2008, and a need for medical treatment. The WCJ also found that applicant’s claim was not timely denied by defendant and that the presumption of industrial injury was not rebutted. Applicant was awarded temporary disability indemnity from February 22, 2008, less credit for sums previously paid and less the lien claim of the Employment Development Department. Applicant contends that the period of temporary disability should have been found to begin November 30, 2007, instead of February 22, 2008, with credit allowed for benefits provided from the earlier date pursuant to the United States Longshore and Harbor Workers’ Compensation Act. Defendant contends that it timely denied applicant’s claim and that the evidence does not support a finding of industrial injury. In a supplemental letter petition filed December 8, 2008, defendant’s attorney advises that Signal Mutual Insurance Company (Signal) is incorrectly , , identified as the insurance carrier, and request
Georgina Henson vs. Tra Pac: U.S. Fidelity Insurance Case Adjusted
In this case, the applicant, Georgina Henson, and the defendant, TRA PAC; U.S. Fidelity and Guaranty Insurance Company (previously incorrectly identified as Signal Mutual Insurance Company), adjusted by Gallagher Bassett, both sought reconsideration of the October 14, 2008 Finding and Award of the workers' compensation administrative law judge (WCJ). The WCJ found that Henson had incurred industrial injury to her hips, right knee, low back and hands while employed as a longshoreman on November 29, 2007, causing a period of temporary total disability beginning February 22, 2008, and a need for medical treatment. The WCJ also found that Henson's claim was not timely denied by the defendant and that the presumption of industrial
- Filed On:
- Court: California, San Francisco
- Case No. ADJ1482040
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