Bridgestone/Firestone; Old Republic Insurance Company Gerald Magnuson WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGERALD MAGNUSON, Applicant, vsBRIDGESTONE/FIRESTONE; OLD REPUBLIC INSURANCE COMPANY, DefendantCaseNo. SJO 0216299OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the October 11, 2007 Findings and Award wherein the workers’ compensation administrative law judge (WCJ) granted applicant’s petition to enforce his award of medical treatment by obtaining right knee injections, and further found that applicant’s attorney was entitled to “an attorney’s fee pursuant to Labor Code §5813 in the amount of $600 and all other sanction issues are deferred.”1 The parties earlier stipulated that applicant incurred industrial injury to his right ankle/knee, psyche, left shoulder, right wrist, back/neck while working for Bridgestone/Firestone as an auto mechanic on December 29, 1999, causing 100% permanent disability and need for medical treatment. Defendant contends that it was denied due process in the imposition of sanctions because no motion or petition for sanctions was made before they were awarded by the WCJ, and the evidence does not support the imposition of sanctions pursuant to section 5813. The award of sanctions pursuant to section 5813 is reversed. Section 5813 provides that sanctions may be imposed when a party incurs expenses “as a result of bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay” and in this case there is no [h3]1 [size=1]All further statutory references are to the Labor Code.[/size][/h3] , evidence that defendant’s actions or tactics were frivolous or solely intended to cause unnecessary delay. Applicant admittedly incurred industrial injury to several body parts while employed as an auto mechanic as described above. Following the entry of a stipulated award of 100% permanent disab
Gerald Magnuson vs. Bridgestone/Firestone; Old Republic Insurance Company
This case is about Gerald Magnuson, an auto mechanic who sustained an industrial injury to his right ankle/knee, back, neck, right wrist, left shoulder, and psyche while working for Bridgestone/Firestone. After a stipulated award of 100% permanent disability, a dispute arose regarding right knee injections and other medical treatment requested by applicant’s primary treating physician. The Workers' Compensation Appeals Board granted the applicant's petition to enforce his award of medical treatment by obtaining right knee injections, but reversed the award of sanctions pursuant to Labor Code §5813, finding that there was no evidence that the defendant willfully disregarded the request for medical treatment or acted in bad faith.
- Filed On:
- Court: California, San Jose
- Case No. ['SJO0216299']
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