THE CALL CENTER LLC STATE COMPENSATION INSURANCE KAREN CLACHER WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKAREN CLACHER, Applicant,vs.THE CALL CENTER LLC; STATECOMPENSATION INSURANCE, Defendants.Case Nos. ADJ2054018 (FRE 0219780)ADJ403978 (FRE 0219781)OPINION AND ORDER DENYINGAPPLICANT’S PETITION FORRECONSIDERATION,GRANTING DEFENDANT’S PETITIONFOR RECONSIDERATION,AND DECISION AFTERRECONSIDERATION Both applicant and defendant seek reconsideration of the April 16, 2014 Joint Findings of Fact, Award, and Opinion on Decision (Joint F&A), wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a collection agent on June 16, 2003 (ADJ403978), sustained industrial injury to her psyche. The WCJ also found that the medical reports and deposition testimony provided by Robert Larsen, M.D., constituted substantial evidence. Defendant contends that the WCJ erred in finding that applicant sustained industrial injury to her psyche. Applicant contends that the WCJ erred in finding that Dr. Larsen’s reports and deposition testimony constituted substantial evidence on the issue of apportionment We have reviewed defendant’s Answer to applicant’s Petition for Reconsideration (Petition); we do not appear to have received an answer from applicant to defendant’s Petition. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that both Petitions be denied. We have considered the two Petitions, defendant’s Answer to applicant’s Petition, and the contents of the Report, and we have reviewed the record in this matter. For the reasons discussed below, we will grant defendant’s Petition; rescind the Findings of Fact and Award sections of the WCJ’s Joint , [h4]F&A, and substitute new Findings of Fact and Award sections reflecting that applicant did not sustain industrial injury to her psyche; and return this matter to the trial level
Karen Clacher vs. The Call Center Llc State Compensation Insurance
(FRE 0219780) and ADJ403978 (FRE 0219781) were two workers' compensation claims filed by Karen Clacher against The Call Center LLC and State Compensation Insurance. The Workers' Compensation Appeals Board denied Clacher's Petition for Reconsideration and granted the defendant's Petition for Reconsideration, finding that Clacher did not sustain industrial injury to her psyche. The Board also deferred the issues of permanent disability indemnity benefits and attorney's fees, and returned the matter to the trial level for further proceedings.
- Filed On:
- Court: California, Fresno
- Case No. ADJ2054018
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