EXPRESS PERSONNEL SERVICES; CLAIM METRICS, MICHAEL CAVETTE, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHAEL CAVETTE, Applicant,vs.EXPRESS PERSONNEL SERVICES; CLAIM METRICS, Defendant.Case No. ADJ1924231 (RDG 0129954)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Findings and Order of November 7, 2008, wherein the WCJ found that, while employed as a waste water technician during a cumulative period ending on November 15, 2007, applicant did not sustain industrial injury to his bilateral wrists, hands, and neck. The WCJ thus ordered that the applicant take nothing as a result of his workers’ compensation claim. The applicant’s petition for reconsideration is not a model of clarity. However, it appears that he is contending that the WCJ erred in finding that he did not sustain industrial injury. We have not received an answer, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (“Report”). Although panel qualified medical evaluator, orthopedist John Branscum, M.D., found industrial injury; in the Report, the WCJ noted the discrepancies between the history provided by the applicant to Dr. Branscum and the WCJ’s findings at trial. Applicant told Dr. Branscum that he utilized a water blaster with a pistol grip for six to eight hours per day. Defense witnesses found credible by the WCJ testified that the applicant used a water hose which did not require a grip, and with water pressure comparable to one found at a commercial car wash, for one half-hour to one and one-half hours per shift. In the Report, the WCJ recommended that we deny reconsideration, and affirm his finding of no industrial injury, stating as follows: , “It is respectfully recommended that the honorable commissioners consider a recommendation in the alternative. That is, should the commissioners feel that the
Michael Cavette, vs. Express Personnel Services; Claim Metrics,
(RDG 0129954) is a case in which Michael Cavette, an applicant, sought reconsideration of a workers' compensation administrative law judge's ("WCJ") Findings and Order of November 7, 2008, wherein the WCJ found that, while employed as a waste water technician during a cumulative period ending on November 15, 2007, applicant did not sustain industrial injury to his bilateral wrists, hands, and neck. The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, affirming the WCJ's Findings and Order. The WCJ noted discrepancies between the history provided by the applicant to a panel qualified medical evaluator and the WCJ's findings at trial, and found the testimony of defense witnesses to
- Filed On:
- Court: California, Redding
- Case No. ADJ1924231
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