Mona Lisa West vs. Healthsmart Pacific, Inc.; Zurich North America

In this case, Mona Lisa West was initially disabled after an industrial injury in May 2004. She worked at light duties for a while and then returned to full duties until she resigned from her employer and moved to Atlanta, Georgia in September 2004. The Workers' Compensation Appeals Board denied her Petition for Reconsideration due to lack of evidence that she could not have produced at trial.

Healthsmart Pacific, Inc.; Zurich North America Mona Lisa West ,  disability initially after the May 3, 2004 industrial injury. She worked at light duties for a while and was taken off for a short period of three or four days at some point, not exactly sure when, and then return to full duties essentially. She worked up until September 21, 2004, and then resigned from her employer and moved to Atlanta, Georgia. I think that she could have continued to work after that time had she decided not to resign and move. At least in a modified capacity, if not at full duties. She had demonstrated her ability to continue working and with the information available to me, she only had those two short periods of temporary total disability after the 2004 injury. If there is evidence to the contrary, I would be pleased to review it.”            We also note that the Social Security disability materials appended to applicant’s petition are immaterial to the issue of her workers’ compensation temporary disability. Furthermore, they are dated in 2006, 2007, and 2008 and applicant has not shown why they could not have been offered at the April 25, 2011 trial (Lab. Code, § 5902(d); Cal. Code Regs., tit. 8, § 10856). Although applicant lists various reports on her petition (including Dr. Duke, Dr. Tapp of Rockdale Medical, Dr. Payandeh, Dr. Einbund), applicant does not explain why these reports could not have been offered at trial and does not explain how they would affect the decision made (Lab. Code, § 5902(d); Cal. Code Regs., tit. 8, § 10856). Finally, we note that various reports appended to applicant’s reconsideration are either irrelevant to the temporary disability issue (e.g., April 28, 2011 report of Dr. Rabbini, which relates to treatment needed, not temporary disability) and/or are old reports that applicant has not shown she could not have produced at trial. ,             For the foregoing reasons,            IT IS ORDERED that applicant’s Petition for Reconsideration i

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