Geneva Staffing, Inc,; California Insurance Guarantee Association on behalf of Tower Insurance Company, in liquidation, administered by Tristar Risk Management; Consolidated Fabricators Corp., insured by United States Fire Insurance, adjusted by Crum & Forster Roque Neri Hernandez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROQUE NERI HERNANDEZ, Applicant,vs.GENEVA STAFFING, INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION on behalf of TOWER INSURANCE INSURANCE COMPANY, in liquidation, administered by TRISTAR RISK MANAGEMENT; CONSOLIDATED FABRICATORS CORP., insured by UNITED STATES FIRE INSURANCE, adjusted by CRUM & FORSTER, Defendants,Case No. ADJ7995806OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND ORDER TO TRANSCRIBE TRIAL TESTIMONY Applicant seeks reconsideration of the Findings of Fact. Award, and Opinion on Decision (F&A) issued by the workers’ compensation administrative law judge (WCJ) on October 28. 2019. In the F&A. the WCJ found in relevant part that applicant did not sustain an injury arising out of and in the course of employment to his psyche. Applicant was ordered to take nothing for his claimed psychiatric injury. Applicant contends that his injury resulted from a sudden and extraordinary employment condition and, therefore, he sustained a psychiatric injury AOE/COE under section 3208.3(d). (Lab. Code. § 3208.3(d).) We received an answer from defendant. The WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration. Pursuant to WCAB Rule 10800 (Cal. Code Regs., tit. 8, former § 10740, now § 10800 (eff. Jan. 1. 2020J). we “e authorized to issue an order that the transcripts from the August 19, 2019 and October 24. 2019 trials in this case be transcribed. Given the complexity of the factual disputes in this case, an accurate transcription of the two dates of trial is necessary for a full and fair adjudication of applicant’s
Roque Neri Hernandez vs. Geneva Staffing, Inc,; California Insurance Guarantee Association On Behalf Of Tower Insurance Company, In Liquidation, Administered By Tristar Risk Management; Consolidated Fabricators Corp., Insured By United States Fire Insurance, Adjusted By Crum & Forster
In this case, Roque Neri Hernandez, the applicant, is seeking reconsideration of the Findings of Fact, Award, and Opinion on Decision (F&A) issued by the workers' compensation administrative law judge (WCJ) on October 28, 2019. The WCJ found that the applicant did not sustain an injury arising out of and in the course of employment to his psyche. The applicant contends that his injury resulted from a sudden and extraordinary employment condition and, therefore, he sustained a psychiatric injury AOE/COE under section 3208.3(d). The WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that the petition be denied. The Workers' Compensation Appeals Board
- Filed On:
- Court: California, Stockton
- Case No. ADJ7995806
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