The Superior Court of California, San Joaquin County, legally uninsured, administered by Acclamation Insurance Management Services Gloria Olivarez WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIAGLORIA OLIVAREZ, Applicantvs.THE SUPERIOR COURT OF CALIFORNIA, SAN JOAQUIN COUNTY, legally uninsured, administered by ACCLAMATION INSURANCE MANAGEMENT SERVICES, DefendantsAdjudication Number: ADJ11942474 Stockton District OfficeOPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings of Fact, Award and Order (F&A), issued by the workers’ compensation administrative law judge (WCJ) on October 20, 2020, wherein the WCJ found in pertinent part that applicant was temporarily totally disabled for the period from August 13, 2020, through October 6, 2020. Defendant contends that the record should be further developed, including admitting the October 20, 2020 report from psychology qualified medical examiner (QME) Nicolle Napier-Ionascu, Psy.D.; that the August 13, 2020 report from primary treating physician (PTP) Stephen Gary McClure, Ph.D. is not substantial evidence that applicant is temporarily totally disabled; that the August 19, 2020, and October 6, 2020 reports from Dr. McClure should not have been admitted into evidence; and that being denied the opportunity to call its witness at 1:30 in the afternoon on the day of trial was a denial of its due process rights. We received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ recommending the Petition be granted for the limited purpose of amending the Award to correct the temporary disability benefit start date to August 13, 2020, and that it otherwise be denied. We received an Answer from applicant.1 1 Defendant requested that a Transcript of Proceedings (Transcript) be prepared and filed. The Transcript was received and uploaded into the Electronic Adjudication Management Sy
Menu
