Guadalupe Fierro v. Burlington Homes: Key Workers' Comp Ruling

In this case, the Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and affirmed the Findings of Fact and Award issued November 30, 2012, except that all references to specific body parts were stricken from the decision. The Board determined that the defendant was not given notice that the issue of the applicant's specific injured body parts would be addressed at trial and that the defendant should have an opportunity to further develop the record regarding the body parts injured in the industrial injury of July 7, 2011.

Burlington Homes, Biltmore Properties; York Risk Services Guadalupe Fierro WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGUADALUPE FIERRO, Applicant,vs.BURLINGTON HOMES, BILTMORE PROPERTIES;YORK RISK SERVICES, Defendants.Case No. ADJ8197646 (Bakersfield District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Findings of Fact and Award issued November 30, 2012, wherein the workers’ compensation administrative law judge (WCJ) found that applicant sustained an industrial injury to her left wrist, left shoulder, left hip, cervical, thoracic and lumbar spine, head laceration, headaches, and left arm, on July 7, 2011. The WCJ also found that applicant’s claim was not barred by the provisions of Labor Code section 3600(a)(10). All other issues were deferred subject to development of the record. In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ noted that applicant had fallen from a ladder “backwards to the ground” (Report, p. 2) causing a brief loss of consciousness and a complaint of dizziness. This injury was witnessed by two co- employees. Applicant testified that she continued to work, despite the effects of the fall from the ladder, because she had children to support and was worried that she would be deported if the fall from the ladder was “further reported” (Report, p. 3). The WCJ also set forth the reasons for the decision citing the medical opinion evidence of Dr. Moelleken, and Michael M. Price, M.D.            Defendant contends that the WCJ erred by specifying the injured body parts in the decision when the only issues before the WCJ consisted of whether applicant’s injury arose out of, and in the course of employment (AOE/COE) and whether applicant’s claim was barred as a post-termination claim pursuant to Labor Code section 3600(a)(10). Defendant contends that the issue of the parts of the body injured was not raised

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