HAROLD JONES LANDSCAPE, INC.; EVEREST NATIONAL INSURANCE; PRAETORIAN INSURANCE, OSCAR OREGEL, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAOSCAR OREGEL, Applicant,vs.HAROLD JONES LANDSCAPE, INC.; EVEREST NATIONAL INSURANCE; PRAETORIAN INSURANCE, Defendant.Case Nos. ADJ2602583 (VNO 0542152)ADJ3712458 (VNO 0542154)ADJ2791153 (VNO 2791153)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Joint Findings of Fact and Order of May 11, 2009, wherein the WCJ found that, while employed as a gardener on August 2, 2005 (VNO 0542154), November 15, 2005 (VNO 0542152), and during a cumulative period ending on March 28, 2007 (VNO 0542155), applicant sustained industrial injuries to his low back. As relevant to the instant petition, the WCJ found that the February 25, 2008 final primary treating physician’s report from Gabriel Rubanenko, M.D. was reasonable and necessary. The WCJ also found that medical treatment in the form of chiropractic and physical therapy visits after March 28, 2007 was reasonable and necessary. The WCJ thus allowed Pacific Ortho and Rehab’s (“Pacific”) lien, and ordered payment for Dr. Rubanenko’s (an employee of Pacific) final report and for applicant’s chiropractic and physical therapy treatments. Previously in this case, by way of a Compromise and Release agreement approved on April 14, 2008, the applicant settled his claims in exchange for $27,500. Defendant contends that the WCJ erred in finding that it was liable to Pacific for Dr. Rubanenko’s February 25, 2008 report and for the chiropractic and physical therapy visits. We have not received an answer from Pacific or the applicant, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (“Report”). In the Report, the WCJ recommends that we grant reconsideration and amend the Joint Findings of Fact and Order of May 11, 2009 to
Oscar Oregel, vs. Harold Jones Landscape, Inc.; everest National Insurance; Praetorian Insurance,
This case involves a dispute between Oscar Oregel, a worker, and Harold Jones Landscape, Inc., Everest National Insurance, and Praetorian Insurance, the defendants. Oregel was injured while employed as a gardener on August 2, 2005, November 15, 2005, and during a cumulative period ending on March 28, 2007. The Workers' Compensation Appeals Board granted reconsideration of a workers' compensation administrative law judge's Joint Findings of Fact and Order of May 11, 2009, wherein the WCJ found that Oregel sustained industrial injuries to his low back and that medical treatment in the form of chiropractic and physical therapy visits after March 28, 2007 was reasonable and necessary. The WCJ amended the Joint Findings of
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ2602583
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