CIRCUIT CITY STORES, INC., permissibly self-insured, adjusted by CONSTITUTION STATE SERVICES, JEFFREY DOTY, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJEFFREY DOTY, Applicant,vs.CIRCUIT CITY STORES, INC., permissibly self-insured, adjusted by CONSTITUTION STATE SERVICES, Defendant.Case Nos. ADJ575595 (SRO 0118927)ADJ2965361 (SRO 0122685)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the March 10, 2009 Joint Findings, Award and Order wherein the workers’ compensation administrative law judge (WCJ) found that the applicant, while employed as a sales clerk, sustained an industrial injury on June 1, 2002 to his left hand, bilateral upper extremities, and in the form of “MRSA” (ADJ575595). The WCJ also found that the applicant sustained a separate industrial injury to his right elbow (ADJ2965361). The WCJ found that the injuries caused 34% permanent disability. Applicant contends that the WCJ erred in finding 34% permanent disability, arguing that the applicant’s disability from his hand injuries and his MRSA infection do not overlap. We have considered the petition for reconsideration, and we have reviewed the record in this matter. We have received an answer from the defendant. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be granted solely to amend the decision to reflect applicant’s correct dates of injury. For the reasons discussed by the WCJ in her Report, which we adopt and incorporate by reference, we will grant reconsideration and amend the March 10, 2009 Joint Findings, Award and Order. We will otherwise affirm. , For the foregoing reasons, IT IS ORDERED that defendant’s Petition for Reconsideration of March 10, 2009 Joint Findings, Award and Order is GRANTED. IT IS FURTHER ORDERED, as the Decision After Reconsideration of the Worker
Jeffrey Doty, vs. Circuit City Stores, Inc., Permissibly Self-insured, Adjusted By Constitution State Services,
This case involves an employee, Jeffrey Doty, who was employed as a sales clerk by Circuit City Stores, Inc. Doty sustained an injury to his left hand, bilateral upper extremities, and MRSA on June 1, 2002, and an injury to his right elbow on January 6, 2001. The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and amended the March 10, 2009 Joint Findings, Award and Order to reflect the correct dates of injury. The Board affirmed the decision otherwise.
- Filed On:
- Court: California, Santa Rosa
- Case No. ADJ575595
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