Ball Aerosol Specialty Company administered by Specialty Risk Services Maria Ibanez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA IBANEZ, Applicant,vs. BALL AEROSOL SPECIALTY COMPANY administered by SPECIALTY RISK SERVICES, Defendants.Case Nos. ADJ1239051 (MON 0362317)ADJ611941 (MON 0362316)OPINION AND DECISION AFTER RECONSIDERATION On October 21, 2011, the Appeals Board (Board) granted both applicant’s and defendant’s respective Petitions for Reconsideration of the Workers’ Compensation Judge’s (WCJ’s) August 3, 2011 Findings and Award (F&A) in consolidated cases ADJ611941 and ADJ1239051, in order to further consider the facts and law of these cases, complete its deliberation and prepare an appropriate decision. We have completed our deliberation, and the following is our Decision After Reconsideration, wherein we will grant reconsideration, rescind the WCJ’s two F&As and return these matters to the trial level for further proceedings and new Decisions. In his F&A in ADJ 1239051, the WCJ found that applicant, while employed as a machine operator (Occupational Group No. 330) by Ball Aerosol Specialty Company between May 20, 1996 and June 29, 2008, sustained injury arising out of and occurring in the course of employment to her shoulders, knees, and low back, and in the form of varicose veins in her lower extremities,1 resulting in 41% permanent 1 In addition to the body parts enumerated in the F&A, applicant also alleged injury AOE/COE, on a cumulative trauma basis, to her right hand, cervical spine, thoracic spine, neck, internal organs, brain, psyche, skin, and in the form of sleep disorder. In his Opinion on Decision, the WCJ set forth the evidence he relied upon in finding injury AOE/COE to applicant’s varicose veins, shoulders, knees, and low back: (1) for applicant’s varicose veins, he relied upon the June 11, 2010 report of Sam Alaiti, M.D. (Applicant’s Exhibit 11); (2) for injury to her shoulders, he relied upon (a) the
Maria Ibanez vs. Ball Aerosol Specialty Company Administered By Specialty Risk Services
- Filed On:
- Court: California, San Francisco
- Case No. ADJ1239051
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