STAFFMARK; AMERICAN HOME INSURANCE, Adjusted By AIG/AMERICAN INTERNATIONAL CLAIMS, GUADALUPE OLAGE, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGUADALUPE OLAGE,, Applicant,vs.STAFFMARK; AMERICAN HOME INSURANCE, Adjusted By AIG/AMERICAN INTERNATIONAL CLAIMS, Defendant(s).Case No. POM 283452OPINION ANDORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Findings and Aw ard of May 17. 2007. wherein the WCJ found that, while employed as a packer on September 29, 2004. applicant sustained industrial injury to her right upper extremity, right shoulder, back, neck and in the form of headaches, causing temporary disability from November 11, 2004 to November 8, 2005, permanent disability of 13%, and the need for further medical treatment. The WCJ determined that “(applicant’s earnings at the time of injury were S270.00 producing a temporary disability rate of $179.82, and a permanent disability rate of $179.82.” Defendant contends that the WCJ erred in finding that applicant sustained industrial injury and in finding that applicant’s average weekly wage was $270.00. We have not received an answer and the WCJ has filed a Repon and Recommendation on Petition for Reconsideration (“Report”). As explained below, we will grant reconsideration, rescind the Findings and Award of May 17. 2007, and return this matter to the trial level for development of the record and decision on the issue of applicant’s average weekly earnings. Because we rescind on this basis, we do not reach the issue of whether applicant sustained compensable injury to each of her claimed body parts. The defendant may raise this issue before the WCJ in the further proceedings. , Preliminarily, wc noie that defendant’s Petition for Reconsideraijon is single-spaced, despite the fact that WCAB Rule 10392 requires that all “pleadings, petitions and briefs sha
Guadalupe Olage, vs. Staffmark; American Home Insurance, Adjusted By Aig/american International Claims,
This case involves a dispute between Guadalupe Olage, the applicant, and Staffmark; American Home Insurance, Adjusted by AIG/American International Claims, the defendant. The defendant seeks reconsideration of a workers’ compensation administrative law judge’s ("WCJ") Findings and Award of May 17, 2007, wherein the WCJ found that the applicant sustained industrial injury to her right upper extremity, right shoulder, back, neck and in the form of headaches, causing temporary disability from November 11, 2004 to November 8, 2005, permanent disability of 13%, and the need for further medical treatment. The defendant contends that the WCJ erred in finding that applicant sustained industrial injury and in finding that applicant’s average weekly
- Filed On:
- Court: California, Pomona
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.