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.
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
