Milton Acosta, vs. W.e. Lyons Construction Co.; And 8 Seabright Insurance Company,

This case involves a petition for removal and reconsideration of a three month therapeutic trial awarded to the applicant, Milton Acosta, by the Workers' Compensation Appeals Board. The petition was dismissed and reconsideration was denied. The decision was based on the review of the record and the reasons stated in the report of the workers' compensation administrative law judge. The order was dated and filed at San Francisco, California and service was made by mail on the persons listed below.

W.E. LYONS CONSTRUCTION CO.; and 8 SEABRIGHT INSURANCE COMPANY, MILTON ACOSTA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMILTON ACOSTA, Applicant,vs.W.E. LYONS CONSTRUCTION CO.; andSEABRIGHT INSURANCE COMPANY, Defendant(s).Case No. ADJ479556 (SFO 0496642)ADJ1883388 (SFO 0500672)ORDER DISMISSING PETITION FOR REMOVAL AND DENYING RECONSIDERATION            We have considered the allegations of the Petition for Removal and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. As the decision complained of-the three month therapeutic trial awarded the applicant-is a final determination for which reconsideration, and not removal, is the appropriate remedy, we will dismiss the petition for removal and treat it as one for reconsideration. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration.////////////////////////////// ,             For the foregoing reasons,            IT IS ORDERED that said Petition for Removal is DISMISSED, and that Reconsideration is DENIED,        WORKERS’COMPENSATION APPEALS BOARD        _______________________________        FRANK M. BRASSI CONCUR,                                                                                                                                                                                                                                            _______________________________        JAMES C. CUNEOCONCURRING, BUT NOT SIGNING_______________________________        ALFONSO J. MORESIDATED AND FILED AT SAN FRANCISCO, CALIFORNIAOCT 06 2009SERVICE 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 Bradford & BarthelDaniel SmithState Compensation Insurance FundMilton Acostabgr ADJ1883388 , ADJ479556

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.