MEDISCAN NURSING STAFFING, INC.; ZURICH INSURANCE, JOSEPH DAVALOS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSEPH DAVALOS, Applicant,vs.MEDISCAN NURSING STAFFING, INC.;ZURICH INSURANCE, Defendant(s).Case No. ADJ1013858 (LBO 0381161)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of the Findings and Award and Order of Deoember 8, 2008, in which the workers’ compensation judge (WCJ) found that on June 16, 2006, applicant sustained an industrial injury to his spine, that the injury caused temporary disability from June 17, 2006 through October 16, 2006, that the injury caused no permanent disability, and that applicant is not entitled to further medical treatment. In addition, the WCJ found that applicant’s earnings were $396.00 per week, entitling applicant to a temporary disability indemnity Tate of $264.00 per week in the total sum of $4,638.85. Applicant contends, in substance, that the WCJ erred in finding no permanent disability based on the medical opinion of Dr. Resnick, whom applicant alleges to be an “unethical, unprofessional, dishonest doctor,” that Dr. Resnick is not an “AMA doctor,” that permanent disability is evidenced by constant pain and applicant’s MRI and nerve conduction tests, that the WCJ erred in finding applicant’s earnings to be $396.00 per week because applicant earned $3,737.00 per month in 2005 and $3,416.00 per month in 2006, and that the WCJ erred in finding applicant not to be a credible trial witness on the basis of his answers to questions about a car accident and settlement in 1987. This matter involves an admitted injury. The issues of temporary disability, permanent disability, further medical treatment, liability for self-procured medical treatment, and attorney’s fees proceeded to trial on August 4, 2008. (See Minutes of Hearing [MOH], &4/08, page 2.) The , issue of earnings was not in dispute. In fact, the MOH include the parties’ stipulation
Joseph Davalos, vs. Mediscan Nursing Staffing, Inc.; Zurich Insurance,
This case involves a dispute between Joseph Davalos, the applicant, and Mediscan Nursing Staffing, Inc. and Zurich Insurance, the defendants. Davalos sought reconsideration of a workers' compensation judge's decision that he had sustained an industrial injury to his spine on June 16, 2006, causing temporary disability from June 17, 2006 through October 16, 2006, but no permanent disability. The judge also found that Davalos was not entitled to further medical treatment and that his earnings were $396.00 per week, entitling him to a temporary disability indemnity rate of $264.00 per week in the total sum of $4,638.85. Davalos' petition for reconsideration was denied due to lack of evidence to substant
- Filed On:
- Court: California, Long Beach
- Case No. ADJ1013858
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