TRI-VALLEY GROWERS; and NATIONAL UNION FIRE INSURANCE COMPANY, JACK LITTLE, STATE OF CALIFORNIAWORKERS’ COMPENSATION APPEALS BOARDJACK LITTLE, Applicant,vs.TRI-VALLEY GROWERS; and NATIONAL UNION FIRE INSURANCE COMPANY, Defendants.Case No.STK 100401STKI02758STK 151721OPINION AND ORDERDENYING RECONSIDERATION Applicant seeks reconsideration of the Findings and Orders of May 1, 2007. wherein the workers’ compensation administrative law judge (WCJ) found, in essence, that applicant sustained admitted industrial injuries to his knees and back on September 7, 1990. on August 8, 1992. and during a period through June 28, 1999, while employed as a maintenance mechanic by Tri-Valley Growers, and, as previously determined in the stipulated Award of January 9. 2003, that the injuries caused 60% permanent disability and need for further medical treatment, entitling applicant to permanent disability indemnity totaling $58,862.50 and further medical treatment. The WCJ also found that the industrial injuries aggravated applicant’s hypertensive conditi<>n, but did not cause his erectile dysfunction disorder, entitling applicant to medical treatment for his hypertension, but not for his erectile dysfunction disorder. Applicant contends that he is entitled to medical treatment for his erectile dysfunction disorder, arguing that it was caused by the medication used to treat his hypertension and is, therefore, a compensable consequence of the industrial injuries. Defendant did not file an answer to applicant’s petition for reconsideration. , I.We have considered the allegations raised in applicant’s petition, as well as the content of the WCJ’s Report and Recommendation (Report). In the Report the WCJ stated, in relevant part, that applicant did not sustain his burden of proof, but the WCJ nonetheless recommended that we grant reconsideration for further development of the record. Based on our review of the record, we will deny reconsideratio
Jack Little, vs. Tri-valley Growers; And National Union Fire Insurance Company,
In this case, Jack Little, a maintenance mechanic employed by Tri-Valley Growers, sustained admitted industrial injuries to his knees and back on September 7, 1990, on August 8, 1992, and during a period through June 28, 1999. On January 9, 2003, Little received a stipulated Award of further medical treatment and permanent disability indemnity totaling $58,862.50 for his 60% permanent disability caused by the injuries. Little then sought medical treatment for his erectile dysfunction disorder, arguing that it was caused by the medication used to treat his hypertension and is, therefore, a compensable consequence of the industrial injuries. The Workers' Compensation Appeals Board denied reconsideration of the Findings and Orders of May 1
- Filed On:
- Court: California, Stockton
- Case No. STK100401
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