Jose R. Gonzalez, vs. Uniform Rental Services; Superior National Insurance Company, Administered By Ciga,

(NOR 0205656)This case involves a worker's compensation claim by Jose Gonzalez for an injury he sustained while employed by Uniform Rental Services. Gonzalez was found to have sustained 85% permanent disability, with 15% apportioned to a prior industrial injury. The Workers' Compensation Appeals Board granted reconsideration and rescinded the Findings and Award and Orders, returning the matter for further proceedings. The Board found that the record did not justify the basis for the apportionment determination and that the defendant should have been provided an opportunity to address the LeBoeuf issue. The Board also noted that the defendant should be allowed to address the issue of Gonzalez's ability to compete in the open labor market and that the WCJ should respond to the

UNIFORM RENTAL SERVICES; SUPERIOR NATIONAL INSURANCE COMPANY, Administered by CIGA, JOSE R. GONZALEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE R. GONZALEZ, Applicant,vs.UNIFORM RENTAL SERVICES; SUPERIOR NATIONAL INSURANCE COMPANY, Administered by CIGA, Defendants.Case No. ADJ805875 (NOR 0205656)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTERRECONSIDERATION            Applicant, Jose Gonzalez, appearing in propria persona, and defendant, California Insurance Guarantee Association (CIGA), for Superior National Insurance Company, in liquidation, for employer Uniform Rental Services, Inc., have filed petitions seeking reconsideration of the Findings and Award and Orders, issued May 7, 2009, in which a workers’ compensation administrative law judge (WCJ) awarded applicant 85% permanent disability, after finding him to be totally permanently disabled and apportioning 15% to a prior industrial injury, as a result of a June 1, 1995 admitted industrial injury to his back and psyche, while employed as a district manager.            Applicant contests the WCJ’s apportionment of his permanent disability to a prior injury, asserting that he recovered from his prior right lower abdominal herniation and had not sustained an injury to his back. Applicant asserts that he is entitled to an award of 100% permanent disability. Applicant further seeks payment for his wife’s lien as a care provider, medical treatment expenses for prescription medications and bathroom modifications. Applicant also raises an issue with payment of benefits, stating that defendant is claiming an overpayment.            Defendant contests the WCJ’s finding that applicant is totally permanently disabled, before , apportionment, where the WCJ relied on a 2005 vocational rehabilitation report by applicant’s rehabilitation consultant. Defendant asserts that in the absence of supporting testimony, ihe report, which states applicant is unable to return to the open labor market, is

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.