CHILD TIME CENTERS; ACE administered by GALLAGHER BASSETT SERVICES, LISA CORRAL, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALISA CORRAL, Applicant,vs.CHILD TIME CENTERS; ACE administered by GALLAGHER BASSETT SERVICES, Defendants.Case No. ADJ6601844OPINION AND ORDER DENYING PETITION FORRECONSIDERATION Applicant seeks reconsideration of the September 8, 2009 Findings wherein the workers’ compensation administrative law judge (WCJ) found that the applicant, while employed as a teacher on March 3, 2008, sustained an industrial injury to her skin and right breast. Applicant contends that the WCJ erred in finding that she did not sustain a psychiatric injury, arguing that there is substantial medical evidence that the applicant sustained an injury to her psyche. We have considered the Petition for Reconsideration and we have reviewed the record in this matter. We have received an Answer from the defendant.1 The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that we deny 22 reconsideration. For the reasons discussed below, we will deny reconsideration. According to the Summary of Evidence, at trial, the applicant testified that she was injured on March 3, 2008 as a result of a bleach spill. (Minutes of Hearing/ Summary of Evidence 1In the Answer, defendant repeatedly referenced applicant’s deposition. The deposition transcript was marked for identification only as Exhibit B and was not received into evidence. Therefore, it was inappropriate for defendant to reference the applicant’s deposition in its answer. , (MOHISOE), page 3.) For eight months following the bleach spill, the applicant did not miss any time from work. (MOI-I’SOE, p. 5.) Kathy Seesemann, the director of Child Time Center, testified that the applicant was terminated on November 18, 2008. (MOH/SOE, p. 6.) The applicant was evaluated by treating physician Barry Halote Ph.D. On Februa
Lisa Corral's Case Against Child Time Centers and Gallagher Bassett
This case is about Lisa Corral, an employee of Child Time Centers, who was injured on March 3, 2008 as a result of a bleach spill. She was evaluated by treating physician Barry Halote Ph.D. who diagnosed her with an adjustment disorder with mixed anxiety and depressed mood as a result of the physical injury. The Workers' Compensation Appeals Board denied her petition for reconsideration, finding that she did not sustain a psychiatric injury as she did not demonstrate by a preponderance of the evidence that actual events of employment were predominant as to all causes combined of that psychiatric injury.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ6601844
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