Hattie Goings vs. Werner Enterprises; Travelers Insurance Company

In this case, Hattie Goings sought reconsideration of a workers' compensation administrative law judge's (WCJ) decision to grant her 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. The WCJ also ordered Goings to obtain further medical treatment through defendant's Medical Provider Network (MPN). Goings contested the decision, raising ten claims of error by the WCJ. The Workers' Compensation Appeals Board granted Goings' petition for reconsideration for the limited purpose of providing defendant an opportunity to file an answer to her petition for reconsideration

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 ORDER GRANTING PETITION FOR RECONSIDERATION            Applicant, Hattie Goings, seeks reconsideration of 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 Hattie Goings’ 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).            Applicant contests the Findings and Award and Orders, raising the following 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) that the WCJ erred in failing to reopen the record after receipt of medical reports into evidence; 5) that the WCJ violated applicant’s right to due process of law by not requesting a formal rating, where the consultative rating is not admissible; 6) that the WCJ erred in failing to award applicant a life pension under Labor Code section 4659; 7) that the WCJ erred in failing to find applicant is

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