Home Depot, Permissibly Self-Insured Larry Lazar WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALARRY LAZAR, Applicant,vs.HOME DEPOT, Permissibly Self-Insured, Defendant.Case No. ADJ4378069 (AHM 0085676),ADJ2997222 (AHM 0085721)OPINION AND ORDERS DENYING PETITION FOR REMOVAL ANDDISMISSING PETITION FOR DISQUALIFICATION Applicant has filed a timely, verified petition for removal, requesting that the Appeals Board rescind the Findings and Order dated March 4, 2010, wherein the workers’ compensation administrative law judge (WCJ) appointed George Watkin, M.D., as a “regular physician” pursuant to Labor Code section 5701.1 Applicant contends that the medical reports of his treating physician, Jack Piasecki, M.D., constitute substantial evidence and that it was error to appoint a regular physician.2 He also requests that the WCJ be removed from the case. We have not received an answer from defendant. Applicant, while employed as a carpet salesman on January 26, 1999, sustained an industrial injury to his left shoulder, back and neck (AHM 0085721/ADJ299722); and on January 8, 2000, sustained an industrial injury to his right shoulder, neck and back (AHM 0085676/ADJ4378069). On October 16, 2002, he received a stipulated. award of 60 3/4% permanent disability. After a timely petition to reopen, the WCJ issued a Finding, Award and22 Order dated March 27, 2008, finding that applicant is now permanently totally disabled. 1 Unless otherwise specified, all statutory references are to the Labor Code.2 Applicant has attached numerous exhibits to his petition, all of which have been received into evidence or are part of the adjudication file. WCAB Rule 10842(c) (Cal. Code Regs., tit. 8, § 10842(c)) provides: “Copies of documents that have already been received in evidence or that have already been made part of the adjudication file shall not be attached as exhibits to petitions for reconsideration, removal or disqualification or answers thereto.” We have
Larry Lazar vs. Home Depot, Permissibly Self-insured
This case involves Larry Lazar, an employee of Home Depot, who sustained an industrial injury to his left shoulder, back and neck on January 26, 1999, and to his right shoulder, neck and back on January 8, 2000. After a timely petition to reopen, the Workers' Compensation Administrative Law Judge (WCJ) issued a Finding, Award and Order dated March 27, 2008, finding that Lazar is now permanently totally disabled. Home Depot filed a petition for reconsideration, and the WCJ issued an Order Vacation Findings, Award and Order. After various trial and conference dates, the WCJ issued a Findings and Order dated March 4, 2010, finding that the reports of Duke Aim, M.D. (
- Filed On:
- Court: Anaheim, California
- Case No. ADJ4378069
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