Maria T. Salinas vs. State Of California, Board Of Equalization, Legally Uninsured And Administered By State Compensation Insurance Fund

This case involves a worker's compensation claim by Maria T. Salinas against the State of California, Board of Equalization, legally uninsured and administered by State Compensation Insurance Fund. The defendant argued that the applicant did not sustain a compensable injury, while the applicant argued that she did. The Workers' Compensation Appeals Board granted reconsideration, rescinded the Findings and Award of June 14, 2007, and the Amended Findings and Award of June 19, 2007, and returned the matter to the trial level WCJ to further analyze the alleged psychiatric injury pursuant to the Appeals Board’s en banc decision in Rolda v. Pitney Bowes, Inc. and to thereafter issue a new decision.

State Of California, Board Of Equalization, Legally Uninsured And Administered By State Compensation Insurance Fund Maria T. Salinas WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA T. SALINAS, Applicant,vs.STATE OF CALIFORNIA, BOARD OF EQUALIZATION, legally uninsured and administered by STATE COMPENSATION INSURANCE FUND, Defendant.Case No. VNO 440893OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Findings and Award of June 14, 2007, as amended by the Amended Findings and Award of June 19, 2007, wherein the workers’ compensation administrative law judge (WCJ) found, in essence, that applicant sustained an industrial injury to her psyche and head, in the form of headaches and dental conditions, during a period from March 1993 through August 6, 2001. while employed by defendant as a tax auditor, and that the injury caused temporary disability from August 6, 2001, through May 9, 2003. need for further medical treatment, and 62% permanent disability, entitling applicant to temporary disability indemnity at the rate of $881.66′ per week for the above-described period, further medical treatment, and permanent disability indemnity totaling $61,582.50.            Defendant contends that applicant did not sustain a compensable injury, arguing, in essence, that actual events of employment were not the predominant cause of applicant’s psychiatric condition, that the reports of Thomas Curtis, M.D., applicant’s treating psychiatrist, are not substantial evidence, and that the WCJ failed to adequately explain the basis for the decision as required pursuant to Labor Code section 53132. Defendant also contends that the WCJ erred in 1 The Findings and Award of June 14. 2007. awaided applicant, inter alia, temporary disability indemnity at the rate of $490 per week. However, the rale was changed to $881.66 per week in the subsequent Amended Findings and Award of June 19,2007.2 All tunher statut

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