AMY’S KITCHEN; ZURICH NORTH AMERICA, Administered by GALLAGHER BASSETT SERVICES, LIDIA CHAVEZ-ESPARZA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALIDIA CHAVEZ-ESPARZA, Applicant,vs.AMY’S KITCHEN; ZURICH NORTH AMERICA, Administered by GALLAGHER BASSETT SERVICES, Defendants.Case No. ADJ3302147 (SRO 0139460)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant, Zurich North America, on behalf of its insured, Amy’s Kitchen, seeks reconsideration of the Findings, Award and Order, issued July 28, 2009, in which a workers’ compensation administrative law judge (WCJ) found applicant, Lidia Chavez-Esparza, sustained industrial cumulative trauma injury in the form of hypertension, diabetes and gastrointestinal problems, in addition to the admitted injury to her bilateral hands and knees, over the period of her employment as a food processor, ending April 28, 2005. Applicant was found to be 48% permanently disabled as a result of her industrial injury. The WCJ also found approved the lien of the Employment Development Department (EDD) as reasonable and the responsibility of defendant. Defendant contends the WCJ erred in allowing the lien of EDD, contending that it is entitled to credit for overlapping payments in view of the fact that EDD failed to provide defendant with notice that it was paying benefits to applicant until it filed its lien in August of 2008. Defendant further contends the WCJ erred in finding applicant sustained injury to the contested body parts of hypertension, diabetes and gastrointestinal problems, arguing the opinion of Dr. Nacouzi is not substantial medical evidence. Applicant has filed an answer to defendant’s , petition. For the reasons set forth below, we shall grant defendant’s petition for reconsideration with regard to EDD’s lien, and will reduce defendant’s liability for applicant’s award of permanent disability by the amount of EDD’s overlapping benefits, but shall
Lidia Chavez-esparza, vs. Amy’s Kitchen; Zurich North America, Administered By Gallagher Bassett Services,
In this case, Lidia Chavez-Esparza was found to have sustained an industrial cumulative trauma injury in the form of hypertension, diabetes and gastrointestinal problems, in addition to the admitted injury to her bilateral hands and knees, over the period of her employment as a food processor, ending April 28, 2005. The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration with regard to the Employment Development Department's lien, and reduced the defendant's liability for the applicant's award of permanent disability by the amount of EDD's overlapping benefits. The Board also affirmed the WCJ's finding that the opinion of Dr. Nacouzi constituted substantial medical evidence.
- Filed On:
- Court: California, Santa Rosa
- Case No. ADJ3302147
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