Aqua Duct Plumbing; Connecticut Indeininity; Virginia Surety Company Joseph Gutierres WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSEPH GUTIERRES, Applicant,vs.AQUA DUCT PLUMBING; CONNECTICUT INDEININITY; VIRGINIA SURETY COMPANY, Defendant(s).Case No. ADJ1829493 (SAL 0118695); ADJ1946050 (OAK 0338330); ADJ961190 (OAK 0338331)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant Virginia Surety Company t Virginia Surety) seeks reconsideration of lhe August 16, 2010 Findings, Award and OrdeT issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found that applicant, while employed as a plumber, sustained industrial injury to his right knee, low back, and right shoulder on April 1. 2000 (Case No. ADJ1946050): to his right knee. back, and bilateral shoulders as a result of cumulative trauma through April 1. 2000 iCase No. ADJ 1961190t: to his knees, back, and shoulders on March 29. 2001 (Case No. Unussigned): and to his back. neck, knees, and shoulders ax a result of cumulative trauma through June 22. 2001 (Case No. ADJ 1829-493). The WCJ further found that applicant was temporarily totally disabled from March 4. 2007 through November 23. 2009 when his urological problem was determined to be non-industrial, that Virginia Surets and Connecticut Indemnity arc jointly and severally liable for temporary disability benefits; that applicant is unable to compete in the open labor market and is permanently totally disabled; that apportionment pursuant to Labor Code section 4664 has not been prosen; that apportionment 1 All further sunnon references are to the Labor Code, unless otherwise noted. , pursuant to section 4663 is deferred pending further development of the record: and that Connecticut Indemnity :s appointed administrator to pay temporär) disability and further medical treatment with a right of reirjbuisemen! and/or contribution against Virginia Surely. Finally, the
Joseph Gutierres vs. Aqua Duct Plumbing and Insurers: Case Overview
Aqua Duct Plumbing, Connecticut Indemnity, and Virginia Surety Company appealed a decision by the Workers' Compensation Appeals Board that found Joseph Gutierres had sustained industrial injuries to his right knee, low back, and right shoulder on April 1, 2000, to his right knee, back, and bilateral shoulders as a result of cumulative trauma through April 1, 2000, to his knees, back, and shoulders on March 29, 2001, and to his back, neck, knees, and shoulders as a result of cumulative trauma through June 22, 2001. The Appeals Board granted the petition for reconsideration and rescinded the WCJ's decision, returning the matter to the trial level for further proceedings and decision by the WCJ.
- Filed On:
- Court: California, Salinas
- Case No. ADJ1829493
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