Marjorie Ferrer vs. Washington Mutual, Countrywide Financial; Specialty Risk; Ace

: This case involves Marjorie Ferrer, an employee of Washington Mutual and Countrywide Financial, who suffered a stroke while at work. Ferrer claimed that the stress of her job caused her blood pressure to rise, which in turn caused the aneurysm to rupture and result in the stroke. The Workers' Compensation Judge found that the injury did not arise out of and in the course of her employment. The Workers' Compensation Appeals Board granted reconsideration and ordered further development of the medical record. The Board found that the WCJ's analysis of stress and causation was incorrect and that the reports of the two partisan physicians were inadmissible and insubstantial. The Board ordered the parties to agree on an AME or, if they could

Washington Mutual, Countrywide Financial; Specialty Risk; ACE Marjorie Ferrer WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARJORIE FERRER, Applicant,vs.WASHINGTON MUTUAL, COUNTRYWIDE FINANCIAL; SPECIALTY RISK; ACE, Defendants.Case Nos. ADJ3660116 (SFO 0507300)ADJ3833333 (SFO 0508151)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of the Findings and Order of July 8, 2011, in which the workers’ compensation judge (WCJ) found that applicant, while employed on September 26, 2007 (ADJ3833333) and the claimed cumulative trauma period ending September 26, 2007 (ADJ3660116) as a mortgage loan consultant for Countrywide Financial and Washington Mutual, did not sustain injuries arising out of and in the course of her employment.            Applicant contends that “the record is clear that [applicant] suffered cumulative work-related stress which elevated her blood pressure contributing to the cause of her stroke,” and that the WCJ’s “reliance on Dr. Allems’ report is error because her own Opinion on Decision found it to be ‘one-sided.”‘            Defendant Countrywide Financial Corporation filed an answer.            Defendant Washington Mutual Bank/JP Morgan Chase filed an answer.            The WCJ submitted a Report and Recommendation. Although we do not adopt or incorporate the WCJ’s Report, we recount its description of the relevant factual background as follows: “Ms. Ferrer had reported for work in her usual and customary occupation as a mortgage loan consultant on 9/26/07. She had been at work for approximately 1 to ½ hours when she was found slumped over at her desk. She had suffered a stroke when an aneurysm ruptured. She filed applications for adjudication of claim, contending that the stress of her work caused the aneurysm rupture and subsequent stroke. She is now residing at an assisted living facility due to the residuals of the rupture and stroke. She contends that she is 100% p

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