JOSEPH GALLO FARMS; STATE COMPENSATION INSURANCE FUND; ALASKA NATIONAL INSURANCE COMPANY, PATRICK SLENDERS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPATRICK SLENDERS, Applicant,vs.JOSEPH GALLO FARMS; STATECOMPENSATION INSURANCE FUND; ALASKA NATIONAL INSURANCE COMPANY, Defendants.Case No. ADJ410642 (FRE 0218111)OPINION AND DECISION AFTER RECONSIDERATION We previously granted reconsideration in this case in order to obtain and review a transcript of the testimony of David E. Taylor, M.D. who performed surgeries on Patrick Slenders’ (applicant) right knee as his primary treating physician. The transcript was received with companion file FRE 0208583. This is our decision after reconsideration. Defendant State Compensation Insurance Fund (SCIF) seeks reconsideration of the decision of the workers’ compensation administrative law judge (WCJ) that issued on January 22, 2009, wherein the WCJ found that during the period of July 14, 2002 to February 21, 2003, applicant sustained industrial injury to his right knee. The WCJ further found that during this period of injury, applicant was insured by SCIF “through December 31, 2002” and that applicant was insured by Alaska National Insurance Company (Alaska) from January 1, 2003 to February 22, 2003. All other issues were deferred. The WCJ relied on the opinion of Dr. Taylor including his deposition testimony of April 14, 2005. Alaska by letter has joined in the petition for reconsideration filed by SCIF. Applicant settled his underlying claim by compromise and release with a Thomas finding in , companion case FRE 0208583 with California Insurance Guarantee Association (CIGA), on behalf of Paula Insurance, in liquidation, for a claimed specific injury of June 4, 2001, to his right knee while employed by AD Slenders Diary. Subsequently, CIGA filed an application for adjudication for claimed cumulative trauma injury during the period of July 14, 2002 to February 21, 2003,
Patrick Slenders, vs. Joseph Gallo Farms; State Compensation Insurance Fund; Alaska National Insurance Company,
This case is about Joseph Gallo Farms, State Compensation Insurance Fund, Alaska National Insurance Company, and Patrick Slenders. Patrick Slenders settled his underlying claim with California Insurance Guarantee Association for a claimed specific injury of June 4, 2001 to his right knee while employed by AD Slenders Diary. Subsequently, CIGA filed an application for adjudication for claimed cumulative trauma injury during the period of July 14, 2002 to February 21, 2003, and a petition for contribution and for equitable indemnity and reimbursement in the present case against Joseph Gallo Farms, insured by State Compensation Insurance Fund (SCIF) for reimbursement of benefits paid by CIGA in companion case FRE 0208583. The Workers' Compensation Appeals Board found that the medical opinion
- Filed On:
- Court: California, Fresno
- Case No. ADJ410642
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