Faria Dairy, Inc.; Zenith Insurance Company Juan Carlos Solano WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJUAN CARLOS SOLANO, Applicant,vs.FARIA DAIRY, INC.; ZENITH INSURANCE COMPANY, Defendants.CaseNo. STK 189258OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant, who is representing himself, seeks reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Finding and Order of May 10,2007, wherein the WCJ found that, while employed as a milker on November 15, 2003, applicant did not sustain industrial injury to his pulmonary system, chest, and psyche. The WCJ thus issued an order that the applicant take nothing by reason of his workers’ compensation claim. Applicant contends that the WCJ erred in not finding industrial injury to the pulmonary system. We have received an answer and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (“Report”). The WCJ wrote in the Report that:”The court’s order [of April 9, 2007 accepting medical reports into evidence]inadvertently misidentified the exhibit identifications for [applicant’s further QMEreport from Dr. Robert Harrison dated 9/25106 and defendant’s further reports fromDr. Revels Ca[y]ton dated 10/10/06 and 1/5107]. Applicant’s further exhibit wasactually marked as applicant’s Exhibit 3 (not applicant’s Exhibit 2) and defendant’sfurther exhibit was marked as defendant’s exhibit C (and not defendant’s Exhibit3).” (Report at p. 2, fn. 1.) Because of this clerical error appearing in the record, the WCJ recommends in the Report that the following order be added to the Finding and Order of May 10, 2007: , ”The court’s notice of intention of 4/9/07 noted that supplemental reports would beaccepted into evidence and such reports are hereby accepted into evidence exceptfor the changes in designation of those reports; the report identified as applicant’sExhibit 3 (not applicant’s Exhibit 2) consists of
Juan Carlos Solano vs. Faria Dairy, Inc.; Zenith Insurance Company
In this case, Juan Carlos Solano, an employee of Faria Dairy, Inc., and insured by Zenith Insurance Company, sought workers' compensation for an injury to his pulmonary system, chest, and psyche that occurred on November 15, 2003. The Workers' Compensation Appeals Board granted reconsideration of the administrative law judge's decision that Solano did not sustain an industrial injury and amended the Finding and Order of May 10, 2007 to include the order recommended by the WCJ. The Board affirmed the WCJ's decision and ordered that Solano take nothing by reason of his claim.
- Filed On:
- Court: California, Stockton
- Case No. STK189258
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