HMs Host; ACE USA Insurance, administered by Gallagher Services Norma Flores WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANORMA FLORES, Applicant,vs.HMS HOST; ACE USA INSURANCE, administered by GALLAGHER SERVICES, Defendants.Case Nos. ADJ1310206 (LAO 0876076)ADJ7403858ORDER DENYING RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration. We are, moreover, extending to the WCJ’s finding on credibility the great weight to which it is entitled (see Garza v. Workers’ Comp. Appeals Bd. (1970) 3 Cal. 3d 312, 35 Cal. Comp. Cases 500). , For the foregoing reasons, IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD_______________________________________ALFONSO J. MORESII CONCUR,_______________________________________DEIDRA E. LOWE_______________________________________SUSAN V. HAMILTONDATED AND FILED AT SAN FRANCISCO, CALIFORNIA SEP 30 2011SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.GLAUBER & BERENSONPEARLMAN, BORSKA & WAXNORMA FLORESDENNIS SCHWARTZebc , STATE OF CALIFORNIAWORKERS’ COMPENSATION APPEALS BOARDLOS ANGELES DISTRICT OFFICECASE NUMBERS:1. ADJ 1310206 (MF)2. ADJ 7403858Norma A. Floresvs.HMS Host; ACE USA Insurance Administered by Gallagher Bassett ServicesWORKERS’ COMPENSATION JUDGE: GEORGE A. SCHULMANDATE OF INJURY: 1. ADJ 1310206 (DOI: January 11, 2007) 2. ADJ 7403858 (February 10, 2008 through February 10, 2009)REPORT AND RECOMMENDATION ON PETITION FOR RECONSIDERATIONI.INTRODUCTION1. Finding & Award issued: July 18, 20112. Identity of Petitioner: Applicant3. Verification:
Norma Flores vs. Hms Host; Ace Usa Insurance, Administered By Gallagher Services
is a case involving Norma Flores and her workers' compensation claim against her employer, HMS Host, and their insurance provider, ACE USA Insurance, administered by Gallagher Services. Flores filed a Petition for Reconsideration, alleging that her injury should be presumed compensable due to the defendant's failure to deny the claim within 90 days, and that the reports of the panel qualified medical examiner (PQME) Timothy Ross M.D. do not constitute substantial medical evidence. The Workers' Compensation Appeals Board denied the Petition for Reconsideration, finding that the issue of the defendant's failure to deny the claim within 90 days was waived, and that the reports of the PQME constituted substantial evidence.
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ1310206
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