Richard L. Sanchez vs. American Building Supply Inc.; The Hartford

This case is about Richard L. Sanchez, an employee of American Building Supply Inc. and The Hartford, who sustained three injuries during his employment. Sanchez claimed temporary disability beginning on March 23, 2010 and continuing for all three injuries. The workers' compensation administrative law judge found that Sanchez had sustained injury on September 17, 2008 to his right thigh, on April 7, 2009 to his right eye, and on September 4, 2009 to his right ankle. The judge also found that the medical reports were not substantial evidence and ordered the parties to agree to Agreed Medical Evaluators in orthopedics and ophthalmology. After reviewing the evidence, the judge issued a Findings and Order on November 29, 2012, finding that Sanchez was not entitled to

American Building Supply Inc.; The Hartford Richard L. Sanchez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARICHARD L. SANCHEZ, Applicant,vs.AMERICAN BUILDING SUPPLY INC.; THEHARTFORD, Defendants.Case Nos. ADJ7322441ADJ7322436ADJ7322440(Anaheim District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant Richard L. Sanchez (applicant) seeks reconsideration of the Findings and Fact (F&F) issued on November 29, 2012. In that F&F, the workers’ compensation administrative law judge (WCJ) found in pertinent part that for all three of applicant’s claimed injuries, applicant was not entitled to temporary disability indemnity, permanent disability indemnity, or future medical care.            Applicant contends that the F&O does not include a finding for one of his three cases; that the F&O altered previous findings of injury to some body parts; that defendant The Hartford (defendant) engaged in ex parte communication with the Agreed Medical Evaluator (AME) at her deposition; and, that newly discovered evidence exists of applicant’s permanent disability.            We have received an answer from defendant. We did not receive a Report and Recommendation (Report) from the WCJ in response to the Petition for Reconsideration, as the WCJ has since retired. We have reviewed the record and considered the allegations of the petition for reconsideration and the answer. Based on our review of the record and for the reasons discussed below, we will grant applicant’s petition, rescind the F&O and substitute a new F&O, and return the matter to the trial level.\\\\ , RELEVANT FACTS            Applicant was employed by defendant as a welder. During his employment with defendant, applicant sustained three injuries. Applicant’s last day worked for defendant was March 18, 2010, and he was terminated on March 22, 2010.            Trial of applicant’s three claims took place on May 9, 2011. Applicant claimed

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.