Fed Ex; Oakland Unified School District; Metro One Telecommunications And Liberty Mutual Insurance Company; And County Of Alameda,” Patricia Le Melle WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPATRICIA LE MELLE, Applicant,vs.FED EX; OAKLAND UNIFIED SCHOOL DISTRICT; METRO ONE TELECOMMUNICATIONS and LIBERTY MUTUAL INSURANCE COMPANY; and COUNTY OF ALAMEDA, Defendants.Case Nos. OAK 0254576; OAK 0254577; OAK 0282653OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant, defendant Liberty Mutual Insurance Company (Liberty Mutual), and defendant Fed Ex each seeks reconsideration of the Findings, Awards & Orders of May 14, 2007, as amended by the Amended Findings, Awards & Orders for Clerical Error Only of May 23, 2007, in the above-entitled matters. Additionally, defendant Oakland Unified School District (District) seeks reconsideration only in case number OAK 254577. In case number OAK 254jZ77, the workers’ compensation administrative law judge (WCJ) found, in essence, that applicant sustained an admitted industrial injury to her neck, back, shoulders, and psyche on September 25, 1997, while employed by District as a secretary, and that the injury caused need for further medical treatment, temporary disability from August 4, 2001, through April 21, 2004, and 18% permanent disability, entitling applicant to permanent disability indemnity totaling $9,960. However, the WCJ did not issue an express award against District of medical treatment or temporary disability indemnity. In case number OAK 282653, the WCJ found, in essence, that applicant did not sustain an industrial injury to her left shoulder, neck, psyche, or neurological system during a period through August 3, 2001, while employed as a clerk by County of Alameda (County) and as a telephone operator by Metro One, Liberty Mutual’s insured during the relevant period. The WCJ, therefore. , Jordered that applicant take nothing on her claim of
Patricia Le Melle vs. Fed Ex; Oakland Unified School District; Metro One Telecommunications And Liberty Mutual Insurance Company; And County Of Alameda,”
; OAK0254577; OAK0282653Patricia Le Melle was injured in two separate incidents while employed by different employers. She sought workers' compensation for her injuries, and the Workers' Compensation Appeals Board granted reconsideration of the Findings, Awards & Orders of May 14, 2007, and the Amended Findings, Awards & Orders for Clerical Error Only of May 23, 2007. The Board ordered the case to be returned to the trial-level workers' compensation administrative law judge for further proceedings and a new decision. The Board also ordered the defendants to provide all benefits, including medical treatment and permanent disability indemnity, for which they are indisputably liable.
- Filed On:
- Court: California, Oakland
- Case No. OAK0254576
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