Fresno Unified School District; permissibly self-insured Julie Lopez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJULIE LOPEZ, Applicant,vs.FRESNO UNIFIED SCHOOL DISTRICT; permissibly self-insured, Defendant.Case No. ADJ10404115 (Fresno District Office)OPINION AND ORDER DENYING PETITION FOR REMOVAL Defendant seeks removal of the Minute Order (Order) issued by the workers’ compensation administrative law judge (WCJ) on December 6, 2017. By the Order, the WCJ found that the medical record regarding applicant’s new and further disability claim was not sufficiently perfected and ordered the matter taken off calendar over defendant’s objection. Defendant contends that the Order denies it due process and it will suffer irreparable harm from additional costs. Defendant further contends that applicant’s new and further claim is barred by res judicata and is not permissible under the Labor Code. We received an answer from applicant. The WCJ filed a Report and Recommendation on Petition for Removal (Report) recommending that removal be denied. We have considered the allegations of defendant’s Petition for Removal, applicant’s answer and the contents of the WCJ’ s Report with respect thereto. Based on our review of the record and for the reasons discussed below, we will deny removal.FACTUAL BACKGROUND Applicant claims injury to her low back, left arm and left knee on February 20, 2015 while employed as a paraprofessional for the Fresno Unified School District. The Application for Adjudication of Claim includes alleged injury as follows: “taken down by student with injury to low back, left arm and left knee.” (Application for Adjudication of Claim, April 19, 2016, p. 3.) , The parties proceeded to obtain a medical-legal evaluation by the panel qualified medical evaluator (QME), Jeryl Wiens, M.D. Dr. Wiens diagnosed applicant with a left sacroiliac dysfunction. (Report of QME Jeryl Wiens,
Julie Lopez vs. Fresno Unified: Self-Insurance Insights
In this case, Julie Lopez, an employee of the Fresno Unified School District, claimed injury to her low back, left arm, and left knee after being taken down by a student. The parties agreed to resolve the claim by stipulations with a request for award for 5% permanent disability based on the medical-legal evaluation by the panel qualified medical evaluator. Lopez then filed a petition to reopen for new and further disability to her left shoulder. The defendant sought removal of the minute order issued by the workers' compensation administrative law judge, claiming that the order denied them due process and that they would suffer irreparable harm from additional costs. The Appeals Board denied the removal, finding that the defendant's due process rights were not violated, that
- Filed On:
- Court: California, Fresno
- Case No. ADJ10404115
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.