Gerald Miller vs. City Of Fresno Permissibly Self-insured Administered By American All Risk Loss Administrators

ADJ7548354ADJ8286584ADJ8286596In this case, Gerald Miller, an employee of the City of Fresno, sought reconsideration of a workers' compensation administrative law judge's (WCJ) finding that he did not sustain an industrial cumulative trauma injury to his psyche. The WCJ found that applicant failed to prove his claims that he sustained specific injuries on March 16, 2010, January 14, 2011 and September 27, 2011. The WCJ found applicant did not sustain permanent disability as a result of his injury, but was temporarily disabled for 104 weeks beginning March 16, 2010. The WCJ attempted a partial Rolda analysis, but failed to fully consider all of the factors involved. The Appeals Board

CITY OF FRESNO Permissibly Self-Insured Administered by AMERICAN ALL RISK LOSS ADMINISTRATORS GERALD MILLER WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGERALD MILLER, Applicant,vs.CITY OF FRESNO, Permissibly Self-Insured,Administered by AMERICAN ALL RISK LOSSADMINISTRATORS, Defendants.Case Nos. ADJ8076231ADJ7548354ADJ8286584ADJ8286596(Fresno District Office)OPINION AND ORDER    GRANTING PETITION FOR    RECONSIDERATIONAND DECISION AFTER    RECONSIDERATION            Applicant, Gerald Miller, seeks reconsideration of the Joint Findings of Fact and Award, issued May 12, 2014, in which a workers’ compensation administrative law judge (WCJ) found applicant sustained an industrial cumulative trauma injury to his back, bilateral knees and bilateral feet, over the period October 25, 2010 to October 25, 2011, while employed as a police officer by the City of Fresno, permissibly self-insured. The WCJ found applicant failed to prove his claims that he sustained specific injuries on March 16, 2010, January 14, 2011 and September 27, 2011. to other parts of the body including neck, psyche and body system. The WCJ found applicant did not sustain permanent disability as a result of his injury, but was temporarily disabled for 104 weeks beginning March 16, 2010, payable at the rate of $976.61, less Labor Code section 4850 pay, less any benefits paid by PORAC during this period, time worked and temporary disability paid,1            Applicant contests the WCJ’s finding that he did not sustain an industrial cumulative trauma injury to his psyche, arguing that the opinion of Dr. Ponton, who concluded that actual events of employment caused an injury to the psyche, supports a finding of industrial causation. Defendant has filed an answer to applicant’s petition, and the WCJ has prepared a Report and Recommendation on Petition for Reconsideration. 1 By order dated May 27, 2014, the WCJ amended Finding of Fact number 2, regarding temporary disability, to address the lien of POR

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