Live Nation Entertainment, Inc.; New Hampshire Insurance Company, administered by Gallagher Bassett Services, Inc. Linda Ameeriar WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALINDA AMEERIAR, Applicant,vs.LIVE NATION ENTERTAINMENT, INC.; NEW HAMPSHIRE INSURANCE COMPANY, administered by GALLAGHER BASSETT SERVICES, INC., Defendants.Case No. ADJ7545167 (Marina del Rey District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of our November 19, 2012 Opinion and Order Granting Reconsideration and Decision After Reconsideration (Opinion), wherein we granted applicant’s Petition for Reconsideration from the Findings and Order issued August 30, 2012 by the workers’ compensation administrative law judge (WCJ). In our decision, we rescinded the WCJ’s Findings and Order and found that applicant’s injury arose out of and occurred in the course of her employment. Defendant contends that we erred in finding that applicant’s injury arose out of and occurred during the course of her employment, and asks that we issue a new Order and Opinion denying applicant’s Petition for Reconsideration. We have considered the Petition for Reconsideration and applicant’s Answer, and we have reviewed the record in this matter. For the reasons set forth in our prior Opinion, which we hereby incorporate, and for the reasons discussed below, we will deny defendant’s Petition for Reconsideration. In our November 19, 2012 Opinion, we stated that the medical report provided by applicant’s primary treating physician, Sam Bakshian, M.D., constituted substantial evidence that applicant’s injury was industrial in nature. In its Petition for Reconsideration, defendant argues that Dr. Bakshian’s report , does not constitute substantial evidence, because Dr. Bakshian did not include a review of the reports of applicant’s other treating physicians – Drs. Shulman, Patel, and Ganjianpour – in his own
Linda Ameeriar vs. Live Nation Entertainment, Inc.; New Hampshire Insurance Company, Administered By Gallagher Bassett Services, Inc.
In this case, Linda Ameeriar was appealing a decision by the workers' compensation administrative law judge (WCJ) that her injury did not arise out of and occur in the course of her employment. The Workers' Compensation Appeals Board granted her Petition for Reconsideration and found that her injury did arise out of and occur in the course of her employment. The defendant then sought reconsideration of the Board's decision, arguing that the medical report provided by applicant's primary treating physician did not constitute substantial evidence that her injury was industrial in nature. The Board denied the defendant's Petition for Reconsideration, noting that the medical report was supported by the reports of other treating physicians and that the Board had the power to reweigh
- Filed On:
- Court: California, Marina del Rey
- Case No. ADJ7545167
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.