DAVALAN SALES; VIRGINIA SURETY COMPANY, Administered by XCHANGING; CLARENDON NATIONAL INSURANCE COMPANY, Administered by AARLA; GOLDEN EAGLE INSURANCE COMPANY JOSE AGUILAR WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE AGUILAR, Applicant,vs.DAVALAN SALES; VIRGINIA SURETY COMPANY, Administered by XCHANGING;CLARENDON NATIONAL INSURANCE COMPANY, Administered by AARLA;GOLDEN EAGLE INSURANCE COMPANY, Defendants.Case Nos. ADJ1234371 (LAO 0785447)ADJ2536321 (LAO 0863778)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of the Joint Findings and Award issued June 26, 2012, wherein the workers’ compensation administrative law judge (WCJ) reiterated the stipulations of the parties stating that applicant sustained an industrial injury to his low back “in June 1998” (ADJ2536321) and during the period April 3, 1999 through April 3, 2000 (ADJ1234371) while employed as a laborer/warehouseman. The WCJ further stated that the parties stipulated to insurance coverage by Virginia Surety Company from October 1, 1999 through April 3, 2000, Clarendon National Insurance Company from April 3, 1999 through September 30, 1999 and “Golden Eagle Insurance Company in June 1998.” Addressing the issues submitted for decision, the WCJ found that applicant sustained temporary disability from April 4, 2000 through April 30, 2003 (ADJ1234371), but did not sustain temporary disability as a result of the June 1998 injury (ADJ2536321). The WCJ also found that applicant sustained 35.5% permanent disability after apportionment in case number ADJ1234371, but did not sustain permanent disability in case number ADJ2536321. Applicant contends that the WCJ erred by finding apportionment arguing that the WCJ improperly relied upon the medical opinion of Agreed Medical Examiner, William Mouradian, M.D., which did not constitute substantial medical evidence. Defendant, Clarendon National Insurance Company, filed an Answer. ,
JOSE AGUILAR vs. DAVALAN SALES; VIRGINIA SURETY COMPANY, Administered By XCHANGING; CLARENDON NATIONAL INSURANCE COMPANY, Administered By AARLA; GOLDEN EAGLE INSURANCE COMPANY
and ADJ2536321 (LAO0863778) involve a workers' compensation case between Jose Aguilar and Davalan Sales, Virginia Surety Company, Clarendon National Insurance Company, and Golden Eagle Insurance Company. The parties stipulated that Aguilar sustained an industrial injury to his low back in June 1998 and during the period April 3, 1999 through April 3, 2000 while employed as a laborer/warehouseman. The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration due to lack of service on Clarendon National Insurance Company.
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ1234371
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