SHAW INDUSTRIES, REGINA CHAVEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAREGINA CHAVEZ, Applicant,vs.SHAW INDUSTRIES, Defendant.Case Nos. ADJ2279006 (LAO 0802525)ADJ1425360 (LAO 0802582)ADJ626294 (LAO 0806471)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the September 8, 2009 Findings and Award, which issued after an expedited hearing, wherein the workers’ compensation administrative law judge (WCJ) found that the applicant sustained industrial injuries on March 15, 1999, January 26, 2001 and during the period November 14, 2000 through November 14, 2001 to her low back, shoulders, (left elbow, neck, left wrist and psyche. The WCJ found that the applicant is entitled to additional temporary disability indemnity for the period July 19, 2004 through January 31, 2005. The WCJ also found that applicant’s February 25, 2009 low back surgery resulted in the need for home health care for a reasonable period of time to be determined by the agreed medical evaluator (AME). Finally, the WCJ found that that applicant’s injuries have not resulted in new and further permanent disability. Applicant contends that the WCJ erred in finding that applicant’s injuries have not resulted in new and further permanent disability, arguing that permanent disability was not at issue during the expedited hearing. Applicant also contends that applicant is entitled to ongoing temporary disability. Finally, applicant contends that she is entitled to an award of home health care assistance because defendant did not issue a timely utilization review denial. We have considered the petition for reconsideration, and we have reviewed the record in , this matter. We have received an answer from the defendant. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. For the reasons discussed below,
Regina Chavez, vs. Shaw Industries,
In this case, Regina Chavez sought reconsideration of a September 8, 2009 Findings and Award, which found that she had sustained industrial injuries on March 15, 1999, January 26, 2001 and during the period November 14, 2000 through November 14, 2001 to her low back, shoulders, (left elbow, neck, left wrist and psyche. The Workers' Compensation Appeals Board granted the petition for reconsideration and amended the Findings and Award to defer the issue of permanent disability. The Board also affirmed the WCJ's decision with respect to additional temporary disability indemnity and home health care. The Board also noted that the identity of the insurer and claims administrator for Shaw Industries was unclear and suggested that defense counsel clarify the identity of Shaw Industries'
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ2279006
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