ABBEY EVENT SERVICES/STELLAR EVENT & PRESENTATION; AMERICAN HOME INSURANCE, Administered by AIG CLAIMS SERVICES, JOEL GRIMALDO, WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIAJOEL GRIMALDO, Applicant,vs.ABBEY EVENT SERVICES/STELLAR EVENT & PRESENTATION; AMERICAN HOME INSURANCE, Administered by AIG CLAIMS SERVICES, Defendant(s).Case No. ADJ2948874 (LBO 0370243)OPINION AND DECISION AFTER REMITTITUR On March 19, 2009, the Court of Appeal, Second Appellate District, Division Four filed its unpublished Opinion in Grimaldo v. Workers’ Comp. Appeals Bd. 74 Cal.Comp.Cases 324. The Court’s disposition was: “The Board’s decision is annulled and the WCJ’s decision is reinstated. The matter is remanded to the trial level for further proceedings on the remaining issues” (74 Cal.Comp.Cases at 329). This is our decision after remittitur. Applicant, while employed on or about November 29 or 30, 2004, sustained an industrial injury to his foot and claimed additional injury to his toe, internal organs resulting in diabetes and sexual dysfunction, psyche and back. The case came on for trial on October 30, 2007. By agreement of the parties, the issues of injury to psyche and injury resulting in sexual dysfunction were bifurcated. The issues for trial were: “1. Parts of body injured, namely toe, back, and internal organs resulting in diabetes. 2. All other issues including permanent disability, earnings,temporary disability, etc. are reserved for further hearing” (Minutes of Hearing, October 30, 2007, page 4)./// , After further trial, the workers’ compensation administrative law judge (WCJ) issued a Findings of Fact dated February 26, 2008, finding that applicant had sustained an industrial injury to his foot, toe and internal organs resulting in diabetes but not to his back. However, we granted defendant’s petition for reconsideration and found that applicant had sustained injury to his left foot and left great toe but that the weight of me
Joel Grimaldo, vs. Abbey Event Services/stellar Event & Presentation; American Home Insurance, Administered By Aig Claims Services,
This case involves a dispute between Joel Grimaldo, an applicant, and Abbey Event Services/Stellar Event & Presentation; American Home Insurance, administered by AIG Claims Services, the defendant. Grimaldo claimed that he sustained an industrial injury to his foot, toe, internal organs resulting in diabetes, psyche, and back. After a trial, the Workers' Compensation Administrative Law Judge found that Grimaldo had sustained an industrial injury to his foot, toe, and internal organs resulting in diabetes, but not to his back. The Court of Appeal annulled the Board's decision and reinstated the WCJ's decision, remanding the matter to the trial level for further proceedings on the remaining issues.
- Filed On:
- Court: California, Long Beach
- Case No. ADJ2948874
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