Jesus Benitez vs. Jade Trucking: Vanliner Insurance Claim Overview

This case involves Jesus Benitez, a truck driver who sustained industrial injuries to his left knee, low back, left thumb, left wrist, left hand, head, and neck while employed by Jade Trucking. The Workers' Compensation Appeals Board granted reconsideration of the February 8, 2010 Joint Findings and Award, rescinded the decision, and returned the case to the WCJ for further proceedings and a new decision. The Board also ordered that Jade Trucking should pay or continue to pay Benitez any uncontested permanent disability indemnity and should provide other workers' compensation benefits due to him.

Jade Trucking; Vanliner Insurance Company c/o LWP Claims Solutions, Inc. Jesus Benitez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJESUS BENITEZ, Applicant,vs.JADE TRUCKING; VANLINER INSURANCE COMPANY c/o LWPCLAIMS SOLUTIONS, INC., Defendant(s).Case No. ADJ2893444 (AHM 0116823), ADJ4027263 (AHM 0116819)ADJ3431537 (AHM 0116821), ADJ3681686 (AHM 0116824), ADJ3280603 (AHM 0142257)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISIONAFTER RECONSIDERATION            Applicant seeks reconsideration of the February 8, 2010 Joint Findings and Award wherein the workers’ compensation administrative law judge (WCJ) found that the applicant, while employed as a truck driver, sustained industrial injuries to his left knee on September 6, 2003, to his low back in February, 2003, to his left thumb, left wrist and left hand on April 29, 2003, and to his head and neck in October, 2002. The WCJ awarded permanent disability for each injury and ordered further development of the medical record with respect to a cumulative trauma injury ending September 6, 2003 (ADJ 3280603).            Applicant contends that the WCJ erred in failing to follow the Agreed Medical Evaluator (AME) in finding permanent disability, arguing that the AME’s reports are substantial medical evidence. Applicant also contends that the WCJ erred in issuing findings for some dates of injury and further developing the record on one date of injury, arguing that findings should issue for all dates of injury at the same time.            We have considered the Petition and we have reviewed the record in this matter. We have received a Report and Recommendation on Petition for Reconsideration (Report), from the WCJ recommending that the petition be granted and the matter returned to the trial level. For the reasons set forth in the WCJ’s report, which we adopt and incorporate by reference, we will grant , reconsideration, rescind the decision, and return this case to the WCJ for further proceedings and a ne

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.