PATHWAY, INC.; STATE COMPENSATION INSURANCE FUND, MAR1 FULLER, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMAR1 FULLER, Applicant,vs.PATHWAY, INC.; STATE COMPENSATION INSURANCE FUND, Defendants.Case Nos. ADJ2245421 (SBR 0319334)ADJ1472400 (SBR 0319335)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Joint Findings & Award & Order of May 21, 2009, wherein it was found that, while employed as an independent skills trainer on September 4, 2003, applicant sustained industrial injury to her neck and low back (ADJ2245421), but did not sustain “an orthopedic cumulative trauma injury” during a cumulative period ending on October 29, 2003, as alleged in case ADJ1472400. The WCJ found that the applicant’s specific orthopedic injury in case ADJ2245421 caused permanent disability of 39% after apportionment to non-industrial factors and the need for medical treatment only in the form of “Aspirin, Motrin, or other over-the-counter anti- inflammatory medication,” but did not cause any temporary disability. The WCJ deferred the issue of injury in the form of hypertension, either as a result of a specific injury (ADJ2245421) or cumulative injury (ADJ1472400). The WCJ also found that “good cause does not exist to re-open the issues submitted for decision in these cases to include an alleged fibromyalgia injury.” Previously in these matters, by way of an Opinion, Findings and Order of September 6, 2007, it was found that applicant sustained an unspecified industrial orthopedic injury on September 4, 2003, sustained industrial injury in the form of hypertension on October 29, 2003, but did not sustain any compensable industrial injury to the psyche. In the September 6, 2007 decision, the WCJ deferred the issue of whether the applicant sustained a cumulative orthopedic injury, and the nature and extent of the ‘specific orthopedic inju
Menu
