California Dairies, Inc.; Everest National Insurance Company; California Insurance Guarantee Association Margie L. Ralls WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARGIE L. RALLS, Applicant,vs.CALIFORNIA DAIRIES, INC.; EVEREST NATIONAL INSURANCE COMPANY; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Defendant(s).Case No. STK 0165361; STK 0192986OPINION AND ORDER GRANTING RECONSIDERATIONON THE APPEALS BOARD’S OWN MOTION AND DECISION AFTER RECONSIDERATION Defendant Everest National Insurance (Everest), and applicant each seek reconsideration of the May 10, 2007 Findings. Award and Orders issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found that applicant sustained industrial injury to her “left and right shoulders” while employed as a laborer/bagger on July 1, 2000 (STK 0165361) by California Dairies, Inc., insured by Fremont Insurance Company, now in liquidation (California Insurance Guarantee Association (CIGA) has assumed liabilities for Fremont’s covered claim). The WO further found that applicant sustained injury to her neck while employed as a laborer/bagger on or about April 21. 2001 (STK 0192986) by California Diaries. Inc., insured by Everest. The WCJ also found that the injury in STK 0192986 “may have aggravated or exacerbated the effects of applicant’s prior entry in STK 0165361”, that applicant “had no pre-existing disability in these matters”, that, in STK 0165361, applicant is entitled to further medical treatment to cure or relieve from the effects of injury to her “bilateral upper extremities”, and that, in STK 192986, applicant is entitled to further medical treatment to cure or relieve from the effects of injury to her neck. Finally, the WCJ found that the record in STK 0192986 and STK 0165361 need further development. , Everest contends that the WCJ erred in finding that applicant sustained industrial injury on or about April 21, 2001, that the injury on or about April 21, 200
Margie L. Ralls vs. California Dairies, Inc.; Everest National Insurance Company; California Insurance Guarantee Association
In this case, Margie L. Ralls was employed as a laborer/bagger by California Dairies, Inc. and sustained industrial injury to her left and right shoulders on July 1, 2000 and to her neck on or about April 21, 2001. The Workers' Compensation Appeals Board granted reconsideration on their own motion, rescinded the May 10, 2007 Findings, Award and Orders, and returned the matter to the trial level for further proceedings to develop the record and for a new decision by the WCJ.
- Filed On:
- Court: California, Stockton
- Case No. STK0165361
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