PLACENTIA LINDA HOSPITAL, Permissibly Self-Insured, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES, INC. RACHELLE MCKEAN-ROMO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARACHELLE MCKEAN-ROMO, Applicant,vs.PLACENTIA LINDA HOSPITAL, Permissibly Self-Insured, Administered BySEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants.Case No. ADJ3584218 (AHM 0151876)OPINION AND ORDER GRANTING RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the July 23, 2012 Findings, Award and Order (FA&O), wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a certified nurse’s assistant on January 24, 2007, sustained industrial injury to her low back. The WCJ found that applicant’s claim for injury to her psyche was barred under Labor Code section 3208.31, and that applicant did not develop a sleep disorder as a result of the January 24, 2007 injury. The WCJ also found that applicant was entitled to an unapportioned permanent disability award of 36%, and that applicant needed further medical treatment to cure or relieve her from the effects of the January 24, 2007 injury. The WCJ did not issue a finding, award, or order regarding any entitlement to a 15% increase in permanent disability indemnity under section 4658(d)(2). Applicant contends that the WCJ erred in not awarding applicant a 15% increase in permanent disability indemnity under section 4658(d)(2) because applicant’s employer did not offer her alternative or modified work. We have considered the Petition for Reconsideration and we have reviewed the record in this matter. We have not received an Answer. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition be denied. 1 Unless otherwise noted, all further statutory references are to the Labor Code. , For the reasons discussed below, we will grant reconsideration, amend the
RACHELLE MCKEAN-ROMO vs. PLACENTIA LINDA HOSPITAL, Permissibly Self-Insured, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.
In this case, Rachelle McKean-Romo, an employee of Placentia Linda Hospital, was injured while on the job in January 2007. She was awarded a 36% permanent disability award, but she argued that she was entitled to a 15% increase in permanent disability indemnity under section 4658(d)(2) of the Labor Code. The Workers' Compensation Appeals Board granted reconsideration and amended the July 23, 2012 Findings, Award and Order to defer the issue of whether the employer timely offered regular, modified, or alternative work pursuant to section 4658(d)(2), and returned the matter to the trial level to develop the record.
- Filed On:
- Court: Anaheim, California
- Case No. ADJ3584218
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