Laboratory Corporation of America Holdings, Inc.; Ace American Insurance Company, administered by Broadspire Jabari Cole WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJABARI COLE, Applicant,vs.LABORATORY CORPORATION OF AMERICA HOLDINGS, INC.; ACE AMERICAN INSURANCE COMPANY, administered by BROADSPIRE, Defendants.Case No. ADJ9059843OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the repon of workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ’s report which we adopt and incorporate, wc will deny reconsideration. We have given the WCJ’s credibility determination great weight because the WCJ had the opportunity to observ e the demeanor of the witnesses. (Garza v. Workmen s Comp. Appeals Bd (1970) 3 Cal.3d 312, 318-319 (35 Cal.Comp.Cases 500, 504-505].) Furthermore, we conclude there is no evidence of considerable substantiality that would warrant rejecting the WCJ’s credibility determination. , For the foregoing reasons,IT IS ORDERED that the Petition for Reconsideration is DENIED.WORKERS’ COMPENSATION APPEALS BOARD______________________________MARGUERITE SWEENEYI CONCUR,______________________________KATHERINE WILLIAMS DODD______________________________JOSE H. RAZODATED AND FILED AT SAN FRANCISCO, CALIFORNIAJAN 16 2020SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORDJABARI COLESAVAGE LAW FIRMTHE LAW OFFICES OF NANTHA & ASSOCIATESacw , STATE OF CALIFORNIADivision of Workers’ CompensationWorkers’ Compensation Appeals BoardCASE NUMBER: ADJ9059843JABARI COLE -vs.- LABORATORY CORPORATION OF AMERICA HOLDINGS, INC.; ACE AMERICAN INSURANCE COMPANY, administered by BROADSPIRE;WORKERS’ COMPENSATIONADMINISTRATIVE LAW JUDGE: Richard BrennenDATE: Dec
Jabari Cole vs. Laboratory Corporation Of America Holdings, Inc.; Ace American Insurance Company, Administered By Broadspire
This case involves Jabari Cole, who sustained an injury to his right shoulder, right arm, neck, and upper back while working as a warehouse worker for Laboratory Corporation of America Holdings, Inc. from 1998 to 2014. The employer, ACE American Insurance Company, did not pay temporary total disability indemnity because the claim was initially not accepted. The Workers' Compensation Appeals Board denied the Petition for Reconsideration, finding that the medical evidence established that the applicant was temporarily partially disabled from 2013 until 2018 when the medical condition reached maximum medical improvement. The Board also found that the employer was unable to accommodate the work restrictions and that the severance package did not constitute salary continuation and did not affect the employer's liability for workers' compensation benefits.
- Filed On:
- Court: California, Santa Ana
- Case No. ADJ9059843
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