MISSION LINEN SUPPLY; and SECURITY INSURANCE COMPANY OF HARTFORD, FOR RECONSIDERATION successor in interest to FIRE & CASUALTY INSURANCE COMPANY OF CONNECTICUT, MARILOU GERVACIO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARILOU GERVACIO, Applicant,vs.MISSION LINEN SUPPLY; and SECURITY INSURANCE COMPANY OF HARTFORD, successor in interest to FIRE & CASUALTY INSURANCE COMPANY OF CONNECTICUT, Defendant.Case No. ADJ2101268 (SAL 0106967)OPINION AND ORDERS DISMISSING PETITION FOR REMOVAL; GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award of August 3, 2009, wherein the workers’ compensation judge (WCJ) found that applicant sustained an admitted industrial injury to her cervical spine and psyche on or about August 2, 2003, while employed as a stockroom laborer by Mission Linen Supply, the insured on the date of injury of Security Insurance Company, successor in interest to Fire & Casualty Company of Connecticut, and that the injury caused a need for further medical treatment and 100% permanent disability without a basis for apportionment, entitling applicant to further medical treatment and permanent total disability indemnity for life. In relevant part of the Opinion on Decision in support of the August 3, 2009 Findings and Award, the WCJ stated that the finding of 100% permanent disability was based on the medical opinions of Richard F. Gravina, M.D., the parties’ agreed medical evaluator (AME), Perry Segal, M.D., and Steven D. Feinberg, M.D., and the opinion of the parties’ agreed vocational evaluator, Jeffrey Malmuth, that applicant was not feasible for vocational rehabilitation. Defendant contends that the injury only caused 55% permanent disability, arguing that the WCJ erred in admitting vocational evidence into the record as vocational feasibility is no longer relevant to the issue of permanent disability, that the WCJ failed to consider app
Marilou Gervacio, vs. Mission Linen Supply; And Security Insurance Company Of Hartford, For Reconsideration Successor In Interest To Fire & Casualty Insurance Company Of Connecticut,
(SAL 0106967) is a case involving Marilou Gervacio, an employee of Mission Linen Supply, who sustained an admitted industrial injury to her cervical spine and psyche on or about August 2, 2003. The workers' compensation judge found that the injury caused a need for further medical treatment and 100% permanent disability without a basis for apportionment, entitling Gervacio to further medical treatment and permanent total disability indemnity for life. The defendant, Security Insurance Company of Hartford, successor in interest to Fire & Casualty Insurance Company of Connecticut, sought reconsideration of the Findings and Award, arguing that the injury only caused 55% permanent disability. The WCJ granted reconsideration and amended the Findings and Award
- Filed On:
- Court: California, Salinas
- Case No. ADJ2101268
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