NOVATO COMMUNITY HOSPITAL, Permissibly Self-Insured, Adjusted By SUTTER HEALTH WORKERS’ COMPENSATION MAUREEN FAREY WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMAUREEN FAREY, Applicant,vs.NOVATO COMMUNITY HOSPITAL,Permissibly Self-Insured, Adjusted By SUTTER HEALTH WORKERS’COMPENSATION, Defendants.Case No. ADJ4187068 (SFO 0511096)OPINION AND ORDERDENYING PETITIONFOR RECONSIDERATION Defendant seeks reconsideration of the October 10, 2013 Finding of Fact, wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a clerical assistant, sustained industrial injury during two cumulative trauma periods, one ending on or about May 12, 2000, and the other ending on May 1, 2008 (the last day worked). Defendant contends that the WCJ erred in finding that applicant sustained cumulative trauma forthe period ending on or about May 12, 2000. We have reviewed applicant’s Answer. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition for Reconsideration (Petition) be denied. We have considered the Petition for Reconsideration, the Answer, and the contents of the Report, and we have reviewed the record in this matter. For the reasons discussed below, we will deny defendant’s Petition for Reconsideration.FACTS Applicant claimed that, while employed by defendant as a clerical assistant from 1991 to May 1, 2008, she sustained an industrial injury to her neck, head, spine, and upper extremities. Applicant’s case was partially resolved by way of a Stipulation and Award regarding temporary total disability indemnity benefits, and an order approving issued on May 2, 2011. , The parties appeared for trial on July 22, 2013 on the issues of (1) injury arising out of and in the course of employment to the neck, back, and psyche, and (2) defendant’s statute of limitation defense regarding applicant’s cla
Maureen Farey vs. Novato Community Hospital, Permissibly Self-insured, Adjusted By sutter Health Workers’ Compensation
(SFO 0511096) In this case, Maureen Farey, an employee of Novato Community Hospital, claimed that she sustained an industrial injury to her neck, head, spine, and upper extremities while employed as a clerical assistant from 1991 to May 1, 2008. The workers' compensation administrative law judge found that she sustained industrial injury during two cumulative trauma periods, one ending on or about May 12, 2000, and the other ending on May 1, 2008. The defendant sought reconsideration of the October 10, 2013 Finding of Fact, arguing that the judge should have found the cumulative trauma claim for the period ending in 2000 to be barred by the statute of limitations. The Workers' Compensation Appeals Board denied the defendant
- Filed On:
- Court: California, San Francisco
- Case No. ADJ4187068
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