SAN LUIS SOURDOUGH; ACE, LILLIAN HARRIS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALILLIAN HARRIS, Applicant,vs.SAN LUIS SOURDOUGH; ACE, Defendants.Case No. ADJ4633903 (GRO 0031346)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTERRECONSIDERATION Defendant, ACE U.S.A., on behalf of its insured, Sara Lee Corporation dba San Luis Sourdough, seeks reconsideration of the Findings and Award, issued February 4, 2009, in which a workers’ compensation administrative law judge (WCJ) found that as a result of applicant’s industrial cumulative trauma injury to her neck and foot, she was rentitled to an unapportioned award of 32% permanent disability. The WCJ concluded that the apportionment determination of the Agreed Medical Examiner (AME), Dr. Daniel Ovadia, did not constitute substantial medical evidence.Defendant contends the WCJ erred in finding the opinion of the AME did not justify apportionment of applicant’s neck disability to non-industrial factors. As we find Dr. Ovadia’s apportionment determination meets the requirements for apportionment under Labor Code section 4663, we shall grant reconsideration to amend the Findings and Award to award 20% permanent disability after apportionment, pursuant to the parties’ stipulation.BackgroundApplicant, Lillian Harris, claimed she sustained multiple industrial injuries to various parts of her body, including her cervical and lumbar spine and feet, between 1994 and 2004, while , employed as baker by San Luis Sourdough. The parties stipulated at the hearing on January 20, 2009, that all liability is allocated to ADJ4633903, a cumulative trauma injury through applicant’s last day of work in July of 2004. The parties also stipulated that applicant’s permanent disability is rated at 32%, but with apportionment it rates at 20%. Dr. Ovadia first evaluated applicant on October 6, 2005. He took a history of her multiple injuries, both at work as well as three non-in
Lillian Harris, vs. San Luis Sourdough; Ace,
(GRO 0031346) is a case in which defendant ACE U.S.A., on behalf of its insured, Sara Lee Corporation dba San Luis Sourdough, sought reconsideration of the Findings and Award issued by a workers' compensation administrative law judge (WCJ). The WCJ found that applicant Lillian Harris was entitled to an unapportioned award of 32% permanent disability as a result of her industrial cumulative trauma injury to her neck and foot. The WCJ concluded that the apportionment determination of the Agreed Medical Examiner (AME), Dr. Daniel Ovadia, did not constitute substantial medical evidence. The court granted reconsideration and amended the Findings and Award to award 20% permanent disability after apportion
- Filed On:
- Court: California, San Francisco
- Case No. ADJ4633903
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