County Of Alamedalsedgwick Claims Management Services, Inc., And County Of Alameda/Algi Tristar Risk Management Latonia Pace WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALATONlA PACE, Applicant,vs.COUNTY OF ALAMEDA SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., and COUNTY OF ALAMEDA/AlGI TRISTAR RISK MANAGEMENT, Defendant(s).Case Nos. OAK 0278433 OAK 0295169; OAK 0307341; OAK 0307342; OAK 0307343; OAK 0321700OPINION AND ORDERDISMISSING PETITION FOR RECONSIDERATIONDefendant AIG seeks reconsideration of the May 16, 2007 Opinion and Order Denying – Petition for Reconsideration, wherein the Workers’ Compensation Appeals Board denied the petition for reconsideration by co-defendant Octagon Risk Services of the workers’ compensation administrative law judge’s (“WCJ”) February 26,2007 Findings and Award. The WCJ had found that applicant, while employed as an Eligibility Technician during a cumulative trauma period through March 30, 2005, sustained industrial injury to her bilateral shoulders and upper back, causing permanent disability of 11 percent, and, during a cumulative trauma period through May 12,1998, sustained industrial injury to her bilateral upper extremities, causing permanent disability of 42 percent. AIG contends that it is newly aggrieved by the Appeals Board’s decision, which AIG says amends the WCJ’s decision, that there were multiple periods of cumulative trauma to the bilateral upper extremities, and that permanent disability from the cumulative trauma to the bilateral upper extremities ending May 12,1998, should have been awarded at 1998 rates, not 2005 rates. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an Answer. , For the reasons discussed below, we will dismiss the petition for reconsideration. Labor Code section 5900(a) provides, “Any person aggrieved directly or indirectly by any final order, decision, or award made
Latonia Pace Case Against Alameda & Alamedalsedgwick Claims Management
In this case, the Workers' Compensation Appeals Board dismissed the petition for reconsideration by co-defendant Octagon Risk Services of the workers' compensation administrative law judge's (“WCJ”) February 26, 2007 Findings and Award. The WCJ had found that applicant, while employed as an Eligibility Technician during a cumulative trauma period through March 30, 2005, sustained industrial injury to her bilateral shoulders and upper back, causing permanent disability of 11 percent, and, during a cumulative trauma period through May 12, 1998, sustained industrial injury to her bilateral upper extremities, causing permanent disability of 42 percent. The Board found that the defendant, AIG, was not newly aggrieved by the Appeals Board's decision and
- Filed On:
- Court: California, Oakland
- Case No. OAK0278433
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