Able Building Maintenance; Zurich North America, Township Building Services; State Compensation Insurance Fund Magda Rodriguez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMAGDA RODRIGUEZ, Applicant,vs.ABLE BUILDING MAINTENANCE; ZURICH NORTH AMERICA, TOWNSHIPBUILDING SERVICES; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ4228232 (SFO 0497809),ADJ3132960 (SFO 0497808)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISIONAFTER RECONSIDERATION Defendant, Zurich North America (“ZNA”), seeks reconsideration of the Findings, Awards and Orders issued by the workers’ compensation judge (WCJ) on February 25, 2010. In ADJ4228232, the WCJ found that on June 14, 2006, applicant, while employed as a janitor by Able Building Maintenance, insured by ZNA, sustained industrial injury to her spine and upper extremities, that defendant is not entitled to credit for overpayment of temporary disability indemnity, and that this injury together with the injury in ADJ3132960 caused permanent disability of 50%. The WCJ issued the Award against ZNA but ordered SCIF to administer it, with right of contribution from ZNA. In ADJ3132960, the WCJ found that on September 25, 2002, applicant, while employed as a janitor by Township Building Services, insured by State Compensation Insurance Fund (SCIF), sustained industrial injury to her low back, neck, right shoulder and upper extremities, that defendant is not entitled to credit for overpayment of temporary disability indemnity, and that this injury together with the injury in ADJ4228232 caused permanent disability of 50%. The WCJ issued the Award against SCIF and ordered SCIF to administer it, with right of contribution from ZNA. , ZNA contends, in substance, that the WCJ erred in issuing one combined permanent disability rating, notwithstanding that the Agreed Medical Evaluator (AME) provided an opinion on apportionment between the two injuries, that the WCJ erred in awarding the entire 50% perm
Magda Rodriguez vs. Able Building Maintenance; Zurich North America, Township Building Services; State Compensation Insurance Fund
is a case involving Magda Rodriguez, an employee of Able Building Maintenance and Township Building Services, and the defendants Zurich North America, Township Building Services, and State Compensation Insurance Fund. The Workers' Compensation Appeals Board granted reconsideration of the Findings, Awards and Orders issued by the workers' compensation judge and rescinded the decisions, returning the two cases to the trial level for further proceedings and new decisions by the WCJ. The Board found that the medical reports of the Agreed Medical Evaluator contained unresolved conflicts which required further development of the medical record. The Board also found that the issue of permanent disability and apportionment between injuries must be revisited and the issue of credit for overpayment of temporary disability must be determined.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ4228232
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