Guadalupe Homes; Sedgwick Ciga Glendale Mariam Hasan WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIAM HASAN, Applicant,vs.GUADALUPE HOMES; SEDGWICK CIGA GLENDALE, Defendant(s).Case No. ADJ1817589 (POM 0209340)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of a December 6, 2010 Findings. Award, and Order wherein the workers’ compensation administrative law judge (WCJ) found that the applicant, while employed as a Director of Development on June 6, 1991, sustained an industrial injury to her pelvis, low back, bilateral shoulders, right wrist, left thumb and bilateral lower extremities that caused 100% permanent disability. The WCJ also found that defendants failed to prove that applicant’s permanent disability is subject to apportionment. Defendant contends that the WCJ erred in finding permanent disability of 100%, arguing that the WCJ should have apportioned to chronic degenerative changes in the applicant’s spine, pursuant to the opinion of the Agreed Medical Evaluator (AME). We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have received an Answer from the applicant. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. As explained below, we will grant reconsideration, rescind the December 6, 2010 Findings, Award. and Order, and return this matter to the WCJ for further development of the medical record and decision on the issues of permanent disability and apportionment. , The parties agreed to utilize Dr. Berman as an AME in this case. Dr. Berman issued a report on September 13, 2005 after evaluating the applicant, wherein he found factors of disability and discussed apportionment. Dr. Berman stated that: “Realistically, given the nature of her clinical condition, as well as taking into
Mariam Hasan vs. Guadalupe Homes; Sedgwick Ciga Glendale
(POM 0209340) In this case, the Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and rescinded the December 6, 2010 Findings, Award, and Order. The Board found that the Agreed Medical Evaluator (AME) had opined that the applicant's back disability should be partially apportioned, but had not sufficiently articulated his opinions for the WCJ to make a finding of apportionment. The Board returned the matter to the trial level for further development of the medical record and decision on the issues of permanent disability and apportionment.
- Filed On:
- Court: California, Pomona
- Case No. ADJ1817589
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