UNION OF AMERICAN HEBREW CONGREGATION, insured by MEADOWBROOK INSURANCECOMPANY, administered by GALLAGHER BASSETT, KAREN REFF, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKAREN REFF, Applicant,vs.UNION OF AMERICAN HEBREW CONGREGATION, insured by MEADOWBROOK INSURANCE COMPANY, administered by GALLAGHER BASSETT, Defendant(s).Case No. ADJ671568 (VNO 0519723)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award of March 11, 2009, in which the workers’ compensation judge (WCJ) found, in relevant part, that on July 18, 2004, applicant sustained industrial injury “resulting in pneumonia and as a consequence thereof has adversely affected applicant’s common variable immunodeficiency (CVID) and has significantly contributed to a continuing need for immunoglobulin deficiency replacement treatments[.]” Defendant contends, in substance, that applicant’s industrial pneumonia did not aggravate her longstanding, pre-existing CVID, and that the immunoglobulin treatment is not reasonably necessary to cure or relieve from the effects of the industrial injury, which requires no further treatment. Applicant filed an answer. At trial on November 12, 2008, it was stipulated that applicant sustained industrial pneumonia, and the issue was framed as “parts of body injured: CVID aggravation, common variable immune deficiency.” Thus, it appears that applicant is claiming that, as a compensable; consequence of the industrial pneumonia, she sustained a permanent aggravation of her previously , non-industrial CVID. As discussed below, however, Dr. O’Neill, the Agreed Medical Evaluator (AME), could not give a final opinion on that issue because he needed to review certain medical tests from 2004 to 2007. Therefore, we conclude that further development of the record is required. Accordingly, we will grant reconsideration, rescind the WCJ’s decision, and return
Karen Reff vs. Union Of American Hebrew Congregation - Workers' Comp
This case involves a worker, Karen Reff, who was employed by the Union of American Hebrew Congregation and insured by Meadowbrook Insurance Company, administered by Gallagher Bassett. Reff sustained an industrial injury resulting in pneumonia, which adversely affected her pre-existing common variable immunodeficiency (CVID) and significantly contributed to a continuing need for immunoglobulin deficiency replacement treatments. The Workers' Compensation Appeals Board granted reconsideration of the Findings and Award of March 11, 2009, rescinded the decision, and returned the matter to the trial level for further proceedings and a new decision by the WCJ. The Board concluded that further development of the record was required to determine whether the episode of pneumonia resulted in a permanent aggravation of Re
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ671568
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.