Werner Enterprises; Travelers Insurance Company Hattie Goings WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHATTIE GOINGS, Applicant,vs.WERNER ENTERPRISES; TRAVELERSINSURANCE COMPANY, Defendants.Case No. ADJ795254 (MON 0270524)(Marina del Rey District Office)OPINION AND DECISION AFTER RECONSIDERATION Applicant, Hattie Goings, filed a petition for reconsideration from the Findings and Award and Orders on Petition to Reopen, issued December 6, 2012, in which a workers’ compensation administrative law judge (WCJ) granted applicant’s petition to reopen her stipulated award for an August 27, 1999 industrial injury to her cervical spine, and found her permanent disability had increased from 73% to 78%. The WCJ found applicant remained permanent and stationary and was not entitled to additional temporary disability. Applicant was ordered to obtain further medical treatment through defendant’s Medical Provider Network (MPN). We granted reconsideration in this matter on February 15, 2003, to provide defendant with the opportunity to file an answer to applicant’s petition, as applicant failed to properly serve her petition on defendant. Defendant filed its answer, and applicant now requests leave to file a response to defendant’s answer. We shall consider defendant’s answer and applicant’s supplemental response to defendant’s answer, as we issue our decision after reconsideration. Applicant raises ten claims of error by the WCJ. Applicant contends 1) she should not be required to obtain medical treatment through the MPN because she was an independent contractor and not an employee of Werner Enterprises; 2) that the WCJ erred in failing to find there was good cause to reopen her claim of injury to her low back, bilateral knees, legs and neck based upon defendant’s admission of liability for these body parts; 3) that the WCJ erred in failing to find there was good cause to reopen her claim of injury to her psyche and internal injuries; 4
Hattie Goings vs. Werner Enterprises; Travelers Insurance Company
In this case, the Workers' Compensation Appeals Board affirmed the Findings and Award and Orders on Petition to Reopen issued December 6, 2012, which granted the applicant's petition to reopen her stipulated award for an August 27, 1999 industrial injury to her cervical spine, and found her permanent disability had increased from 73% to 78%. The Board found that the applicant was required to obtain medical treatment through the defendant's Medical Provider Network, and that the jurisdiction and law of Nebraska applied to the remaining issues raised by the applicant.
- Filed On:
- Court: California, Marina del Rey
- Case No. ADJ795254
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