STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL, Legally Uninsured; STATE COMPENSATION INSURANCE FUND, Adjusting Agency, MICHAEL GRIFFIN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHAEL GRIFFIN, Applicant,vs.STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL, Legally Uninsured; STATE COMPENSATION INSURANCE FUND, Adjusting Agency, Defendants.Case Nos. ADJ4400372 (SAC 0282814)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant, State Compensation Insurance Fund (SCIF), seeks reconsideration of the Appeals Board’s May 8, 2009 Opinion and Decision After Reconsideration wherein we reversed the November 13, 2008 decision of the workers’ compensation judge and found that applicant sustained industrially caused cumulative trauma injury to his left thumb and heart during the period through August of 1999, as a traffic officer, while employed by the California Highway Patrol (CHP). Thus, we further found that applicant had established good cause to reopen the prior i Stipulations with Request for Award and Award that issued on July 13, 2003 in SAC 0282814 pursuant to Labor Code sections 5803 and 5804 for new and further disability. We returned the matter to the trial level for further proceedings and decisions consistent with these findings. SCIF essentially contends that (1) the Appeals Board erroneously added body parts injured that were not a subject of the original claim; (2) the Appeals Board incorrectly applied the decisions in CMIS/Springfield Insurance Company v. Workers’ Comp. Appeals Bd. (Guillen) (2006) 71 Cal.Comp.Cases 274, writ denied, and Blanchard v. Workers’ Comp. Appeals Bd. (1975) 53 Cal.App.3d 590 140 Cal.Comp.Cases 784]; (3) the Appeals Board does not have , continuing jurisdiction over the claimed injuries to heart and left hand where these parts were not part of the original award and they have no nexus to the original injuries; (4) because the heart and left hand injuries have dates of injury after July 1
Michael Griffin, vs. State Of California, California Highway Patrol, Legally Uninsured; State Compensation Insurance Fund, Adjusting Agency,
(SAC 0282814) is a case in which the California Workers' Compensation Appeals Board reversed the decision of the workers' compensation judge and found that the applicant, Michael Griffin, had sustained industrially caused cumulative trauma injury to his left thumb and heart during the period through August of 1999 while employed by the California Highway Patrol. The Appeals Board returned the matter to the trial level for further proceedings and decisions consistent with these findings. The State Compensation Insurance Fund sought reconsideration of the Appeals Board's decision, but it was denied.
- Filed On:
- Court: California, Sacramento
- Case No. ADJ4400372
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