Jorge Escobedo vs. Westlake Inn Restaurant & Hotel, California Indemnity Insurance Company; Sierra Insurance Group

: In this case, the Workers' Compensation Appeals Board affirmed the decision of the workers' compensation administrative law judge (WCJ) that the applicant's presumed compensable injuries were not rebutted by the defendant with evidence discovered subsequent to the 90-day period within which to deny the applicant's claimed injuries. The WCJ found that the injuries resulted in no need for past, present or future medical treatment, and the injuries produced no temporary disability. The WCJ denied the lien claim of the Employment Development Department and found that the defendant had not unreasonably failed to pay temporary disability and medical treatment. The WCJ deferred any decision on the issues of permanent disability, apportionment, and attorney's fees.

Westlake Inn Restaurant & Hotel, California Indemnity Insurance Company; Sierra Insurance Group Jorge Escobedo WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJORGE ESCOBEDO, Applicantvs.WESTLAKE INN RESTAURANT & HOTEL, CALIFORNIA INDEMNITY INSURANCE COMPANY; SIERRA INSURANCE GROUP, DefendantsCase No.            VNO 400907; VNO 400906OPINION AND DECISION AFTER RECONSIDERATION            Both applicant and defendant, California Indemnity Insurance Company (CIIC), request reconsideration of the December 1, 2006 decision of the workers’ compensation administrative law judge (WCJ).            As background, the Appeals Board previously determined in February 2002 that applicant’s claim of specific injury on or about August 1999 (VNO 400907) and during the period 1991 to January 8, 2000 (VNO 400906) are presumed to be compensable, subject to any admissible evidence which would rebut the presumption. We remanded the matter to the trial level for further proceedings pertaining to the rebuttable presumption of compensability, and for a new final decision.            On remand the WCJ issued the December 1, 2006 decision now challenged by both applicant and defendant. The WCJ found that applicant’s presumed compensable injuries were not rebutted by defendant with evidence discovered subsequent to the 90-day period within which to deny applicant’s claimed injuries. (Lab. Code 5402) In reliance on the medical opinion of Thomas W. Fell, Jr., M.D, the WCJ further found that the injuries resulted in no need for past, present or , future medical treatment, and the injuries produced no temporary disability. The WCJ denied the lien claim of the Employment Development Department. The WCJ also found that defendant had not unreasonably failed to pay temporary disability and medical treatment. The WCJ deferred any decision on the issues of permanent disability, apportionment, and attorney’s fees.            On February 2, 2007, we granted reconsideration1 to obtain and revie

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