Glaxo SMith Kline; Natlsco administered by Broadspire Grace Chu Starnes WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGRACE CHU STARNES, Applicant,vs.GLAXO SMITH KLINE; NATLSCO administered by BROADSPIRE, Defendant(s).Case No. ADJ4496807 (VNO 0499811),ADJ3341882 (VNO 0530358)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISIONAFTER RECONSIDERATION Lien claimant, Aetna, seeks reconsideration of the February 5, 2010 “Order Rescinding 1/5/10 Findings and Order; Serving Minutes of Hearing and Summary of Evidence and Order Reinstating 1/5/10 Findings and Order,” wherein the workers’ compensation administrative law judge (WCJ) reinstated his January 5, 2010 Findings and Order that found that the lien of the 4600 Group is for non-industrial treatment and served the Minutes of Hearing and Summary of Evidence. Lien claimant contends that the WCJ’s finding that its lien is for non-industrial treatment is in error, arguing that there is substantial medical evidence that the applicant sustained a cumulative trauma industrial injury. We have considered the Petition for Reconsideration and we have reviewed the record in this matter. We have not received an answer from defendant. The WCJ prepared a Report on Reconsideration (Report), recommending that we deny reconsideration. For the reasons discussed below, we will grant reconsideration, rescind the WCJ’s decision, and find that the applicant sustained a cumulative trauma industrial injury through February, 2004. We will return this file to the WCJ for such further proceedings and decisions as the WCJ deems appropriate. , BACKGROUND The WCJ approved a Compromise and Release Agreement on September 8, 2008 that resolved both a May 3, 2004 specific injury to applicant’s neck, shoulders, head, left arm and left leg and a cumulative trauma injury from March 15, 1993 through February 2004 to applicant’s head, neck, face, shoulders, psyche and nervous system for the su
Grace Chu Starnes vs. Glaxo Smith Kline: Workers' Comp Case Summary
In this case, the Workers' Compensation Appeals Board granted reconsideration and found that the applicant, Grace Chu Starnes, sustained an industrial cumulative trauma injury while employed as a sales representative from March 15, 1993 through February, 2004, by Glaxo Smith Kline. The Board based its decision on medical evidence that corroborated the applicant's statements that she noted the onset of her cervical spine pain as a result of performing her job activities.
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ4496807
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