A-1 Auto and Truck Service;Pacific employers Insurance Company, Administered by ESIS ,INC. Nadia Massoud WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA NADIA MASSOUD,Applicant,vs. A-1 AUTO AND TRUCK SERVICE; PACIFIC EMPLOYERS INSURANCE COMPANY, administered by ESIS, INC., Defendants. Case Nos. ADJ6882152 OPINION AND ORDERGRANTING PETITIONS FOR RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Nadia Massoud (applicant) seeks reconsideration of the Stipulations with Request for Award (stipulated award) that was issued by a workers’ compensation administrative law judge (WCJ) on March 24, 2010. Under the provisions of the stipulated award, it was found that applicant has permanent disability of 14% with need for further medical treatment as a result of an injury to her back on August 2, 2008, arising out of and occurring in the course of her employment by defendant as an office manager. Applicant contends that her former attorney did not adequately represent her and advise her of her rights under California’s workers’ compensation laws, including her right to be evaluated by an agreed medical evaluator or a panel qualified medical evaluator. Applicant further claims that she was pressured into agreeing to and signing the stipulations under the mistaken belief that “there is a 10 thousand dollar limit set by the State of California and that 1 had already collected 7 thousand of it.” in addition, applicant asserts that her level of permanent disability is higher than the 14% set forth in the stipulated award. Finally, applicant claims that her limited facility with the English language impeded her understanding of the terms of the stipulated award. We have received a report and recommendation on petition for reconsideration (report)from the WCJ. Defendant has filed an answer to the petition for reconsideration. We have also , received a request from applicant’s current counsel to file a supplemental petition for reconsideratio
Nadia Massoud vs. A-1 Auto And Truck Service;pacific Employers Insurance Company, Administered By Esis ,inc.
This case involves a worker's compensation claim by Nadia Massoud against A-1 Auto and Truck Service and Pacific Employers Insurance Company, administered by ESIS, INC. Massoud filed an application for adjudication of claim on August 10, 2009, alleging an injury to her back, lower extremities, and psyche on August 2, 2008. On December 28, 2009, Massoud's former counsel filed a declaration of readiness to proceed to a mandatory settlement conference. At the conference on March 24, 2010, the parties submitted a settlement by way of stipulations with a request for award based on the medical reports of two primary treating physicians. The stipulations provided that the injury to Massoud's back caused temporary disability from January 15, 2009 through
- Filed On:
- Court: California, San Francisco
- Case No. ADJ6882152
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