ASSOCIATED CONSTRUCTION, INC.; STATE COMPENSATION INSURANCE FUND, RICK OLIVER, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARICK OLIVER, Applicant,vs.ASSOCIATED CONSTRUCTION, INC.;STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ1052269 (SAL 0102929)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the November 4, 2008 Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found that the applicant sustained a January 8, 2003 industrial injury to his right knee, left knee, back and spine which caused temporary total disability commencing on June 3, 2008 and continuing indefinitely thereafter. Defendant contends that the WCJ erred in awarding temporary disability more than five years after the date of injury, arguing that the WCJ lacked jurisdiction to award temporary disability commencing more than five years from applicant’s date of injury. We have considered the petition for reconsideration, and we have reviewed the record in this matter. We have received an answer from applicant. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that defendant’s petition be granted solely to correct a clerical error in the award. For the reasons discussed in the WCJ’s report, which we adopt and incorporate by reference, and for the reasons discussed below, we will grant reconsideration solely to correct a clerical error in the award and otherwise affirm. In his report, the WCJ summarized the factual and procedural history of this case as follows: , “Applicant sustained injuries to multiple body parts including his back, spine and bilateral knees on 118/03. Applicant had multiple bilateral knee operations as a result of the injury, including: total right knee surgery on 9/30/03, left total knee surgery on 6/16/04, left knee lateral patellar
Rick Oliver, vs. Associated Construction, Inc.; State Compensation Insurance Fund,
This case involves a worker, Rick Oliver, who sustained injuries to his right knee, left knee, back, and spine on January 8, 2003. The parties designated Charles Borgia, MD, as the Agreed Medical Examiner. On December 15, 2005, Dr. Borgia wrote a report which concluded that Oliver's knee injuries were permanent and stationary, but that he might need further knee surgeries in the future. On February 3, 2006, Oliver's treating physician, Dr. Spiegel, issued a report which advised that recent x-rays showed a deterioration of the left total knee replacement and requested authorization for a referral to Dr. Dossick, a specialist in joint replacement surgery. Dr. Dossick examined Oliver and recommended a left knee p
- Filed On:
- Court: California, Salinas
- Case No. ADJ1052269
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