TEHACHAPI HOSPITAL, Permissibly Self-Insured; HEALTHCARE ALLIANCE, NARCISA QUIROGA-RUBIO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANARCISA QUIROGA-RUBIO, Applicant,vs.TEHACHAPI HOSPITAL, Permissibly Self-Insured; HEALTHCARE ALLIANCE, RECONSIDERATION, Defendants.Case Nos. ADJ3197470 (BAK 124770)ADJ1996051 (BAK 147862)ADJ260757 (BAK 147871)ADJ3602300 (BAK 147861)ADJ3721869 (BAK 153146)ADJ4374327 (BAK 124410)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of a workers’ compensation administrative law judge’s Findings, Awards & Orders of December 29, 2008, wherein it was found that, while employed as an admitting clerk on April 21, 1997 (BAK 124770), on March 22, 2005 (BAK 147871), and during a cumulative period ending September 2005 (BAK 147862), applicant sustained admitted injury to her low back and non-admitted injury to her bilateral knees. The WCJ found that applicant’s 1997 injury in case BAK 124770 caused permanent disability of 32%. In determining that applicant’s 1997 injury caused 32% permanent disability, the WCJ found that there was no basis for apportionment of permanent disability. With regard to the March 22, 2005 injury (BAK 147871) and the September 2005 cumulative injury (BAK 147862), the WCJ found that “[t]he extent of permanent partial disability to Applicant Narcisa Quiroga-Rubio and the proper apportionment thereof cannot be appropriately determined from the present medical-legal record, which is in need of further development.” For whatever reason, the WCJ added three other case numbers to the caption of the Findings, Awards & Orders of December 29, 2008; however he does not appear to have made any findings with regard to these other cases. Defendant contends that the WCJ erred in finding permanent disability of 32% in case BAK 124770, arguing that the WCJ erred in not finding apportionment of permanent disability to non-industrial factors. We have no
Narcisa Quiroga-rubio, vs. Tehachapi Hospital, Permissibly Self-insured; Healthcare Alliance,
This case involves a workers' compensation claim by Narcisa Quiroga-Rubio against Tehachapi Hospital, Permissibly Self-Insured; Healthcare Alliance. The applicant sustained admitted injury to her low back and non-admitted injury to her bilateral knees while employed as an admitting clerk. The Workers' Compensation Appeals Board granted reconsideration of the Findings, Awards & Orders of December 29, 2008, and rescinded the decision, returning the case to the trial level for further development of the medical record and decision due to the WCJ's reliance on an outdated medical report. The Board found that the report did not comply with the mandates of Labor Code § 4663 or the Escobedo decision, and that the
- Filed On:
- Court: Bakersfield, California
- Case No. ADJ3197470
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