Uniform Rental Services and California Insurance Guarantee Association for Superior National Insurance Company, in liquidation, Administered by Broadspire Claims Services Jose Gonzalez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE GONZALEZ, Applicant,vs.UNIFORM RENTAL SERVICES and CALIFORNIA INSURANCE GUARANTEEASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY, in liquidation,Administered by BROADSPIRE CLAIMS SERVICES, Defendants.Case No. ADJ805875 (NOR 0205656)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant, Jose Gonzalez, appearing in propria persona, has filed a petition seeking reconsideration of the Findings and Award and Orders, issued March 15, 2010, in which a workers’ compensation administrative law judge (WCJ) found that as a result of a June 1, 1995 admitted industrial injury to his back and psyche, while employed as a district manager, applicant sustained 90.25% permanent disability, after apportionment of 10% of his back disability to a prior industrial injury. Applicant was awarded permanent disability indemnity totaling $102,270.00, plus a life pension of $70.96 per week. Applicant contests the WCJ’s determination to apportion 10% of his permanent disability, arguing that he has discovered new material evidence and that the findings of fact do not support the determination. Applicant contends the WCJ erred in relying upon the opinion of Agreed Medical Examiner (AME) Dr. Richard Siebold to apportion his permanent disability, arguing that Dr. Siebold’s report is not substantial evidence as it is based upon an incorrect history regarding his prior surgery in 1992, and he did not review all of the medical records. Applicant also , references a March 9, 2010 medical report from his new treating physician, Dr. Lawrence Miller, who found applicant had fully recovered from his prior injury. Defendant has filed an answer to applicant’s petition. Following our review of the record, and for the r
Jose Gonzalez vs. Uniform Rental Services: Workers' Comp Case
This case involves Jose Gonzalez, an applicant, and Uniform Rental Services and California Insurance Guarantee Association for Superior National Insurance Company, in liquidation, Administered by Broadspire Claims Services, defendants. Gonzalez filed a petition seeking reconsideration of the Findings and Award and Orders, issued March 15, 2010, in which a workers' compensation administrative law judge found that as a result of a June 1, 1995 admitted industrial injury to his back and psyche, while employed as a district manager, Gonzalez sustained 90.25% permanent disability, after apportionment of 10% of his back disability to a prior industrial injury. The Workers' Compensation Appeals Board denied Gonzalez's petition for reconsideration, affirming the WCJ's determination that 10% of
- Filed On:
- Court: California, San Francisco
- Case No. ADJ805875
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