Grass Valley Electric; State Compensation Insurance Fund Michael Leach WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHAEL LEACH, Applicant,vs.GRASS VALLEY ELECTRIC; STATE COMPENSATION INSURANCE FUND, Defendants.Case Nos. SAC 358620; SAC 360470; SAC 342405OPINION AND ORDER GRANTING RECONSIDERATION AND OPINION AFTER RECONSIDERATION Applicant seeks reconsideration of the May 10. 2007 Findings and Order wherein the workers’ compensation administrative law judge (WCJ) found, based on the parties’ stipulations, that applicant while employed as an electrician on August 1, 2002 (SAC 358620), August 11, 2002 (SAC 360470), and September 28, 2004 (SAC 342405), sustained industrial injury to his right hand and wrist. The parties also stipulated that defendant paid temporary disability indemnity (TDI) in the 2004 case (SAC 342405) from October 7, 2004 through July 12, 2005. The WCJ found that the injury in the 2004 case (SAC 342405) caused the applicant to be temporarily totally disabled (TTD) from February 26, 2007 and continuing through the present. Based on commencement of TDI on October 7, 2004, WCJ ordered that pursuant to Labor Code section 4656, subdivision (c)(1),1 defendant was barred from making temporary total disability indemnity payments after October 7, 2006. Applicant contends in essence that the WCJ erred in finding that applicant’s additional TDI was barred by section 4656, subdivision (c)(1), and in finding that applicant’s injuries in 2002 (SAC 358620 and SAC 360470) did not cause him to be TTD from February 26. 2007 through the present and continuing. Applicant contends that there is substantial medical evidence that links 1 Unless otherwise stated, all further statutory references are to the Labor Code. , applicant’s current temporary disability to the injuries of 2002. Applicant also contends the WCJ erred in relying on the opinion of defense qualified medical examiner (QME) Jerry L. Roberts, M.D., because his opinion does n
Michael Leach vs. Grass Valley Electric; State Compensation Insurance Fund
In this case, Michael Leach, an electrician, sought reconsideration of a decision by the Workers' Compensation Appeals Board that found, based on the parties' stipulations, that he sustained industrial injury to his right hand and wrist on three occasions in 2002 and 2004. The Board granted reconsideration, rescinded the decision, and returned the matter to the trial level for further proceedings to develop the record and a new decision. The Board found that the medical evidence was not sufficient to support the decision and that further development of the record was necessary.
- Filed On:
- Court: California, Sacramento
- Case No. SAC358620
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