McPeek Chrysler Plymouth, Inc.; Gab Robins, Broadspire Jose Barrios WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE BARRIOS, Applicant,vs.McPEEK CHRYSLER PLYMOUTH, INC.;GAB ROBINS, BROADSPIRE, Defendant(s).Case Nos. ADJ4191064 (AHM 0091361),ADJ3063740 (AHM 0095797)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Defendant, California Insurance Guarantee Association (CIGA), adjusting the “covered claims” of Kemper Insurance and Pacific National Company, both in liquidation, seeks reconsideration of the Findings, Award and Order of October 12, 2009, in which the workers’ compensation judge (WCJ) found in case number AHM 0091361 that applicant sustained industrial injury to his neck, back, both shoulders, and both wrists while employed during the period March 3, 1986 to January 25, 2001 by McPEEK CHRYSLER DODGE, then insured for workers’ compensation purposes for the periods March 1, 1998 to March 1, 1999 by Cal Indemnity, March 1, 1999 to March 1, 2000 by CalComp Insurance, in liquidation and adjusted by CIGA, and from March 1, 2000 to January 25, 2001 by Pacific Auto Insurance Company, in liquidation and adjusted by CIGA, causing permanent disability of 80%. In addition, the WCJ dismissed case number AHM 0095797 and ordered that the date of injury in AHM 0091361 be amended and conformed according to proof per findings of Dr. Brown to one continuous trauma from March 3, 1986 to January 25, 2001, and the WCJ issued the Award “against McPeek Chrysler Plymouth, Inc., Pacific Auto Insurance Company now CIGA as adjusted by Broadspire for Pacific Auto Insurance Company in liquidation[.]” , CIGA contends, in substance, that the WCJ erred in relying on Dr. Brown because the doctor ignored evidence that applicant was temporarily disabled on June 11, 1999 and missed one week from work, that Dr. Brown’s opinion is inconsistent with Labor Code section 5500.5, that applicant’s time off work for a work-related injury
Jose Barrios vs. McPeek Chrysler Plymouth, Inc.; Gab Robins, Broadspire
, McPeek Chrysler Plymouth, Inc., Gab Robins, Broadspire, Jose Barrios, California Insurance Guarantee Association (CIGA), Kemper Insurance, Pacific National Company, Workers' Compensation Judge (WCJ), Mandatory Settlement Conference (MSC), Labor Code section 3208.1, Labor Code section 5412, State Compensation Insurance Fund v. Workers' Comp. Appeals Board (Rodarte), Labor Code section 5500.5, California Compensation, Pacific Auto Insurance Company, Alfonso J. Moresi, James C. Cuneo, Frank M. Brass. In this case, the California Insurance Guarantee Association (CIGA) sought reconsideration of the Findings, Award and Order of October 12
- Filed On:
- Court: Anaheim, California
- Case No. ADJ4191064
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