Mary Jo Williams vs. Arthur J. Gallagher & Co.; Hartford Specialty Risk Services, Administered By Gallagher Bassett Services, Inc.

(AHM 0117091 & AHM 0140858) is a case in which Mary Jo Williams, an employee of Arthur J. Gallagher & Co. and Hartford Specialty Risk Services, administered by Gallagher Bassett Services, Inc., filed a petition for reconsideration. The court found that the defendant did not offer persuasive evidence of fraud and denied the petition for reconsideration. The court also concluded that the medical record needed to be developed to determine if the applicant's injuries now included her psyche. The defendant argued that the court had misapplied the case law and erred in not sanctioning the applicant. The petition for reconsideration was denied.

Arthur J. Gallagher & Co.; Hartford Specialty Risk Services, administered by Gallagher Bassett Services, Inc. Mary Jo Williams WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARY JO WILLIAMS, Applicant,vs.ARTHUR J. GALLAGHER & CO.; HARTFORD SPECIALTY RISK SERVICES,administered by GALLAGHER BASSETT SERVICES, INC., Defendant(s).Case No. ADJ3976429 (AHM 0117091),ADJ2299501 (AHM 0140858)ORDER DENYING RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration.            In addition, we note that for a petition to set aside for fraud, defendant must establish good cause based on evidence that it could not have obtained with the exercise of due diligence. Here, all of the evidence recited in defendant’s petition for reconsideration was from before the March 30, 2006 stipulated Findings and Award except for the March 27, 2009 deposition of Dr. Kaiser, which does not establish fraud. , For the foregoing reasons,IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD________________________________________DEPUTYNEIL P. SULLIVANI CONCUR,_________________________________________JAMES C. CUNEO_________________________________________ALFONSO J. MORESIDATED AND FILED AT SAN FRANCISCO, CALIFORNIAFEB 04 2010SERVICE MADE BY MAIL ON ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES AS SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD:Law Offices of Palmer & TranLaw Offices of Floyd, Skeren & KellyMary Jo Williams/bgr , STATE OF CALIFORNIADivision of Workers’ CompensationWorkers’ Compensation Appeals BoardCASE NUMBERS: ADJ3976429 (AHM0117091) & ADJ2299501 (AHM10140858)MARY JO WILLIAMSvs.GALLAGHER BASSETT SERVICES;WORKERS’ C

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