Patricia Trujillo vs. Earthlink, Inc.; Chubb Insurance Services

This case involves a clerical error in the Appeals Board's Opinion and Order Granting Reconsideration and Decision After Reconsideration in the case of Patricia Trujillo vs. Earthlink, Inc. and Chubb Insurance Services. The Appeals Board issued an Order correcting the clerical errors, which included deleting the words "The next day" on page 2, line 24, and amending Finding of Fact No.7 to read "Defendant's liability for VRMA terminated on March 15, 2005. The issue of VRMA after March 15, 2005 is deferred and the parties should return to the Rehabilitation Unit for determination of this issue."

Earthlink, Inc.; Chubb Insurance Services Patricia Trujillo WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPATRICIA TRUJILLO, Applicant,vs.    EARTHLINK, INC.; CHUBB INSURANCE SERVICES, Defendant.Case No. LAO 0832628OPINION AND ORDERCORRECTING CLERICALERROR            On December 18, 2007, the Appeals Board issued an Opinion and Order Granting Reconsideration and Decision After Reconsideration (Decision) in this matter. That decision contains clerical errors. The Appeals Board may correct a clerical error at any time. (Toccalino v. Worker’s Comp. Appeals Bd. (Sierra Vista Hospital) (1982) 128 Cal.App.3d 543, 558 [47 Cal.Comp.Cases 145].)            On page 2, line 24, the words, “The next day,” were incorrectly used and should be deleted. The line of text beginning on page 2, line 24 should read “On May 16, 2005, the agreed medical examiner, Michael Luciano, M.D., evaluated applicant and issued a report with the same date.”            Finally, Finding of Fact No.7 should be amended to read as follows: “7. Defendant’s liability for VRMA terminated on March 15,2005. The issue of VRMA after March 15,2005 is deferred and the parties should return to the Rehabilitation Unit for determination of this issue.”            Accordingly, we now issue this Order correcting these clerical errors. ,             For the foregoing reasons,            IT IS ORDERED that, on page 2, line 24, the words “The next day” be DELETED, and the line of text beginning on page 2, line 24 should read “On May 16, 2005, the agreed medical examiner, Michael Luciano, M.D., evaluated applicant and issued a report with the same date.”            IT IS FURTHER ORDERED that Finding of Fact No.7 be AMENDED as follows:[justify]      “7. Defendant’s liability for VRMA terminated on March 15, 2005.[/justify][justify]      The issue of VRMA after March 15, 2005 is deferred and the parties[/justify][justify]      should return to the Rehabilitation Unit for determination of this[/justify][justify]   

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