COCA COLA ENTERPRISES, permissibly self-insured, JERRY SALMERON, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJERRY SALMERON, Applicant,vs.COCA COLA ENTERPRISES, permissibly self-insured, Defendant.Case No. ADJ425881 (MON 0349358)ADJ1664800 (MON 0330278)OPINION AND DECISION AFTER RECONSIDERATION On September 22 2008, we granted reconsideration of the separate Findings and Award and Order of July 3, 2008, in these cases to further study the issues. This is our Decision After Reconsideration. In the July 3, 2008 Findings and Award and Order in case number MON 330278, the workers’ compensation judge (WCJ) found, in essence, that applicant sustained an admitted industrial injury to his low back, psyche, and in the form of hernias on April 22, 2005, while employed by defendant as a bottler, and that the injury caused, among other things, a need for further medical treatment and 37% permanent disability. In the July 3, 2008 Findings and Award and Order in case number MON 349358, the WCJ found, in essence, that applicant sustained an admitted industrial injury to his low back during a period through April 22, 2005, while employed by defendant as a bottler, and that the injury I caused, among other things, a need for further medical treatment and 11% permanent disability. In relevant part of the separate Opinion on Decision in support of the disputed decisions, the WCJ stated, in determining the extent of permanent disability caused by the injuries, that the trial testimony of applicant’s expert witness, Mark Gerlach, regarding applicant’s diminished future earning capacity rebutted the permanent disability ratings derived from the 2005 Schedule for Rating Permanent Disabilities (2005 Schedule). , Defendant contends that the specific injury caused only 24% permanent disability and the cumulative injury caused 5% and that the WCJ erred in concluding otherwise, arguing that the 2005 Schedule was not rebutted,
Jerry Salmeron, vs. Coca Cola Enterprises, Permissibly Self-insured,
In this case, Coca Cola Enterprises, a permissibly self-insured company, was taken to court by Jerry Salmeron, an employee, for workers' compensation. Salmeron had sustained an admitted industrial injury to his low back, psyche, and in the form of hernias on April 22, 2005, while employed by Coca Cola as a bottler. The Workers' Compensation Appeals Board granted reconsideration of the separate Findings and Award and Order of July 3, 2008, in these cases to further study the issues. The Board ultimately rescinded the two Findings and Award and Order of July 3, 2008, and returned the cases to the trial level to allow the WCJ and parties an opportunity to consider and apply
- Filed On:
- Court: California, San Francisco
- Case No. ADJ425881
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