AIRPORT HOME APPLIANCE. MID-CENTURY INSURANCE COMPANY; SUBSEQUENT INJURIES BENEFITS TRUST FUND, JEREMY GUNDERSON, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJEREMY GUNDERSON, Applicant,vs.AIRPORT HOME APPLIANCE. MID-CENTURY INSURANCE COMPANY;SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendant.Case No. ADJ1916680 (SJO 0260827)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION The Subsequent Injuries Benefits Trust Fund (SIF) seeks reconsideration of the August 6, 2009 Findings, Order and Award of the workers’ compensation administrative law judge (WCJ), who found that applicant incurred industrial injury to his low back while employed as a salesperson by Airport Home Appliance on December 24, 2005, affecting his right leg and causing 12% permanent disability based upon a standard rating before adjustment for age or occupation of more than 5%. The WCJ further found that before the subsequent industrial injury applicant had sustained injury to his psyche, left knee and to his back affecting his left leg, causing permanent partial disability that when combined with his disability from the subsequent industrial low back injury resulted in combined permanent disability of 100%. Based upon these findings the WCJ awarded SIF benefits to applicant. SIF contends that applicant does not meet the threshold requirements of Labor Code section 4751 because the subsequent December 24, 2005 industrial injury was to the low back and not to the opposite, corresponding lower extremity itself and that there is insufficient evidence of pre- existing disability to support the award.1 1Further statutory references are to the Labor Code. , We grant reconsideration and reverse the award against SIF and the WCJ’s finding that applicant’s condition met the threshold requirements of section 4751. Applicant did not present substantial medical evidence that he met the threshold requirement of section 4751 by incurring a subseq
Jeremy Gunderson, vs. Airport Home Appliance. Mid-century Insurance Company; Subsequent Injuries Benefits Trust Fund,
In this case, Jeremy Gunderson, an employee of Airport Home Appliance, sustained an industrial injury to his low back on December 24, 2005. The Subsequent Injuries Benefits Trust Fund (SIF) sought reconsideration of the August 6, 2009 Findings, Order and Award of the workers' compensation administrative law judge (WCJ), who found that applicant incurred industrial injury to his low back while employed as a salesperson by Airport Home Appliance on December 24, 2005, affecting his right leg and causing 12% permanent disability based upon a standard rating before adjustment for age or occupation of more than 5%. The WCJ further found that before the subsequent industrial injury applicant had sustained injury to his psyche, left knee and to his back affecting his
- Filed On:
- Court: California, San Jose
- Case No. ADJ1916680
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