Peter Duffy vs. Finchley Motors, Inc., Dba Pacific Bmw; Travelers Property Casualty Company Of America

Peter Duffy vs. Finchley Motors; Travelers Prop. Casualty Co. is a case involving a worker's compensation claim by Peter Duffy against Finchley Motors and Travelers Property Casualty Company of America. The worker sustained admitted injuries to his neck, shoulders, left elbow, and both wrists; he additionally claimed injuries to both hands and his right elbow, which were disputed. The parties were unable to resolve the matter based upon the Agreed Medical Examiner's opinion, primarily due to the petitioner's contentions that the doctor did not correctly follow the A.M.A. Guidelines in evaluating the worker's impairments. After trial, the Workers' Compensation Judge determined that the opinions of the AME were, indeed, substantial evidence, rejected the

Filed On: June 17, 2013
Court: California, Marina del Rey
Case No. ADJ7728569

Finchley Motors, Inc., dba Pacific BMW; Travelers Property Casualty Company Of America Peter Duffy WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPETER DUFFY, Applicant,vs.FINCHLEY MOTORS, INC., dba PACIFIC BMW;TRAVELERS PROPERTY CASUALTY COMPANYOF AMERICA, Defendants.Case No. ADJ7728569 (Marina del Rey District Office)ORDER DENYING PETITION FOR RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ’s report, which we adopt and incorporate, we will deny reconsideration. We return this matter to the trial level for such further proceedings and decisions by the WCJ as may be required, including issues regarding the applicability of Labor Code section 4658(d)./ / // / // / // / // / // / // / // / // / // / / , For the foregoing reasons, IT IS ORDERED that the Petition for Reconsideration is DENIED.WORKERS’ COMPENSATION APPEALS BOARD_________________________________________ALFONSO J. MORESII CONCUR,_________________________________________ MARGUERITE SWEENEY_________________________________________ FRANK M. BRASSDATED AND FILED AT SAN FRANCISCO, CALIFORNIA JUN 18 2013SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.GORDON EDELSTEINPETER DUFFYSCOLL ASSOCIATESmm , CASE NUMBER: ADJ7728569PETER DUFFYVS.FINCHEY MOTORS; TRAVELERS PROP. CASUALTY CO.JUDGE: GILBERT KATENDATE OF INJURY: APRIL 30, 2001 – JAN. 19, 2011REPORT AND RECOMMENDATION ON PETITION FOR RECONSIDERATIONINTRODUCTIONPetitioner: Carrier, Travelers Property Casualty Co.Timeliness: TimelyVerification: Not verifiedDecision challenged: Findings and Award and Orders (“FAO”) of April 10, 2013, finding 75% permanent partial disability, based upon the factors of disabil

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