Amerigas Propane, Ace Insurance, Administered By Sedgwick CMS Randy Johnson WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA RANDY JOHNSON, Applicant, vs. AMERIGAS PROPANE, ACE INSURANCE, administered by SEDGWICK CMS, Defendants. Case No. ADJ8008331 OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the October 23, 2014 Expedited Findings of Fact and Award issued by the workers’ compensationadministrative law judge (WCJ), wherein the WCJ awarded temporary disability at an unspecified rate from April 19, 2014 through the present date and continuing, further medical treatment (specifically, right shoulder surgery), reimbursement to applicant for all out-of-pocket medical costs, and a reasonable attorney’s fee of 15% of the temporary disability benefits awarded to applicant. The WCJ also determined that applicant is not yet permanent and stationary. Defendant contends: (1) injury to the right shoulder was denied; and (2) there is no medical evidence in support of the WCJ’ s determination.Applicant filed an answer, disputing defendant’s contentions. In his Report and Recommendation on Petition for Reconsideration, the WCJ recommended that applicant’s petition be granted, in order for the WCJ to correct errors in the labeling of documents entered into evidence. Based upon our review of the entire record, we shall grant defendant’s Petition for Reconsideration, rescind the October 23, 2014 Expedited Findings of Fact and Award, and return this matter to the trial level for further decision by the WCJ, consistent with this opinion. I. BACKGROUND At the Expedited Hearing on October 2, 2014, the parties stipulated that applicant, while employed as a driver by Amerigas Propane during the period from 1989 through April18, 2014, sustained injury arising out of and occurring during the course of employmen
Randy Johnson vs. Amerigas Propane, Ace Insurance, Administered By Sedgwick Cms
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In this case, Randy Johnson, an employee of Amerigas Propane, filed a workers' compensation claim for injuries to his hands, elbows, neck, upper extremities, and shoulders. The workers' compensation administrative law judge (WCJ) awarded temporary disability at an unspecified rate from April 19, 2014 through the present date and continuing, further medical treatment (specifically, right shoulder surgery), reimbursement to applicant for all out-of-pocket medical costs, and a reasonable attorney's fee of 15% of the temporary disability benefits awarded to applicant. The WCJ also determined that applicant is not yet permanent and stationary. The defendant, Amerigas Propane, Ace Insurance, administered by Sedgwick CMS, sought
- Filed On:
- Court: California, Santa Barbara
- Case No. ADJ8008331
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