Lani Brockman vs. Ukiah Valley Medical Center: Self-Insurance Case

In this case, Ukiah Valley Medical Center (UMC) was found to have caused an industrial injury to Lani Brockman's low back while she was employed by them as a pharmacy technician on April 18, 2001. An award of temporary disability indemnity was made jointly and severally against UMC and K-Mart Corporation (K-Mart). The award of temporary disability indemnity was subsequently terminated by order of a different WCJ on March 11, 2008. After receiving a report from one of the parties' Agreed Medical Examiners, J. Graham Bray, M.D., that applicant's condition was permanent and stationary, K-Man petitioned to terminate the March 1, 2006 award of continuing temporary disability indemnity

Ukiah Valley Medical Center, Permissibly Self-Insured, Adjusted By Adventist Health Lani Brockman WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALANI BROCKMAN, Applicant,vs.UKIAH VALLEY MEDICAL CENTER, permissibly self-insured, adjusted by ADVENTIST HEALTH, Defendant.,Case Nos. ADJ2527863 (SRO 0119111); ADJ465592 (SRO 0131576)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the September 8. 2010 Supplemental Findings and Award of the workers* compensation administrative law judge (WCJ). who found that the earlier March 1.2006 Findings, Award and Orders herein remain in full force and effect to the extent they are “relevant.” and that applicant has been temporarily totally disabled from November 11.2009 to the present and continuing, entitling her to an award of additional temperar) disability indemnity. In the earlier March I. 2006 decision, it was found that applicant incurred industrial injury to her low back while employed by defendant as a pharmacy technician on April 18. 2001. causing a period of temporary disability beginning April 10. 2004 and continuing. The March I. 2006 award of temporary disability indemnity was subsequently terminated by order of a different WCJ on March 11.2008.            Defendant contends that the WCAB is at this time without jurisdiction to award temporary, disability indemnity because it is more than five years after the date of injury and a new award of additional temporary disability indemnity is barred by the statute of limitations contained in Labor , Code section 5410.1 defendant further contends that it was improper to award additional temporary disability indemnity because of applicant’s deep vein thrombosis because there is no finding that the condition is causally related to the admitted industrial injury to applicant’s low- back and such a finding is not supported by the medical evidence.            We grant reconsideration and rescind t

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