Javier Felix's Worker Comp Case Against Carl Karcher Enterprises

(LAO 0840341)This case involves a worker's compensation claim by Javier Felix against his employer, Carl Karcher Enterprises/Carl's Junior, and their insurance company, St. Paul Travelers. The worker's compensation administrative law judge found that Felix sustained an industrial cumulative trauma injury to his psyche, shoulders, and headaches, but not a gastrointestinal injury, over the period ending January 14, 2004. The judge also determined that Felix's injury to the psyche was not caused by a good faith personnel action and thus not barred under Labor Code section 3208.3(h). The case was sent back to the trial level to allow the parties to more fully develop the record on the issue of whether Felix's injury was substantially caused by a lawful

Carl Karcher Enterprises/Carl’S Junior; St. Paul Travelers Javier Felix WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAVIER FELIX, Applicant,vs.CARL KARCHER ENTERPRISES/CARL’S JUNIOR; ST. PAUL TRAVELERS, Defendants.Case No. ADJ580842 (LAO 0840341)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant, Javier Felix, and defendant, St. Paul Travelers Insurance Company, on behalf of its insured, Carl Karcher enterprises aka Carl’s Jr., seek reconsideration of the Findings and Order, issued September 20. 2010. in which a workers’ compensation administrative law-judge (WCJ) found applicant sustained an industrial cumulative trauma injury to his psyche, shoulders and headaches, but not a gastrointestinal injury, over the period ending January 14, 2004. while employed as a fast food manager. The WCJ found applicant sustained no temporary’ or permanent disability or need for further medical treatment as a result of the injury to his shoulder and deferred a determination of these issues with regard to the injury’ to the psyche and headaches pending further development of the record. The WCJ also determined that applicant’s injury, to the psyche was not caused by a good faith personnel action and thus not barred under Labor Code section 3208.3(h).            Applicant contests the finding that he did not sustain a gastrointestinal injury’, asserting that the WCJ cned in rely ing upon the opinion of Dr. Gillis that applicant’s injury was non-industrial, as he based his opinion on the erroneous assumption that applicant’s gastrointestinal injury arose out of applicant’s alcoholism. Applicant argues that the issue of his claim of gastrointestinal injury , should be based upon applicant’s Qualified Medical Evaluator, Dr. Lipper. or alternatively, the medical record should be further developed on this issue.            Defendant contends the WCJ erred in finding applicant sustained an injury to his psyche, where the WCJ concl

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