San Diego Maintenance & Plumbing; State Compensation Insurance Fund Patricia Anderson WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPATRICIA ANDERSON, Applicant,vs.SAN DIEGO MAINTENANCE & PLUMBING; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ4337659 (SDO 0280869)OPINION AND ORDERS GRANTING PETITIONS FOR RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Defendant and applicant each seek reconsideration of the April 8, 2010 Findings, Award and Orders issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ found, based on the parties’ prior stipulations that, applicant, while employed as a plumber on March 13, 2001, sustained industrial injury to her neck and low back. The WCJ further found that applicant sustained psychiatric injury as a compensable consequence to her orthopedic injury, that she did not sustain industrial injury to her left upper extremity, left lower extremity, or in the form of sleep disorder, and that the injury herein caused 100% permanent disability before apportionment and need for further medical treatment. The WCJ deferred the issues of apportionment indicating in his Opinion on Decision, that the evidence on apportionment was inadequate. Defendant contends that the WCJ erred in finding that applicant sustained industrial psychiatric injury and that the injury herein caused 100% permanent disability. Defendant argues that the WCJ did not adequately explain the basis of his decision and that the evidence submitted by applicant consisting of the psychiatric report of Loren Green, Ph.D., the treating physician’s report of Alexander Caligiuri, D.C., and the report of vocational consultant, Mark Remas, do not constitute substantial medical evidence. , Applicant contends that the WCJ erred in deferring the issue of apportionment arguing that the WCJ should have relied on substantial medical evidence in the record to find no basis for apportionment. We
Patricia Anderson vs. San Diego Maintenance & Plumbing; State Compensation Insurance Fund
This case involves a dispute between Patricia Anderson, an applicant, and San Diego Maintenance & Plumbing and the State Compensation Insurance Fund, the defendant. The WCJ found that Anderson sustained industrial injury to her neck and low back while employed as a plumber on March 13, 2001, and that she sustained psychiatric injury as a compensable consequence to her orthopedic injury. The WCJ also found that Anderson sustained 100% permanent disability before apportionment and need for further medical treatment, but deferred the issue of apportionment. The defendant and applicant both sought reconsideration of the WCJ's decision, and the Appeals Board granted both petitions, rescinded the WCJ's decision, and returned the matter to the trial level for further proceedings and decision
- Filed On:
- Court: California, San Diego
- Case No. ADJ4337659
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