MONIER LIFETILE, and AIG, adjusted by GALLAGHER BASSETT SERVICES, INC., RUTILIO MIRAMONTES, , For the foregoing reasons, IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED. WORKERS’COMPENSATION APPEALS BOARD _______________________________ ALFONSO J. MORESII CONCUR,_______________________________ RONNIE G. CAPLANE_______________________________ JAMES C. CUNEODATED AND FILED AT SAN FRANCISCO, CALIFORNIAJUN 08 2009SERVICE MADE BY MAIL ON ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES AS SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD:Mullen & FilippiCentral Valley Injured Worker Legal ClinicRutilio Miramontesbgr , WORKERS’ COMPENSATION APPEALS BOARDOF THESTATE OF CALIFORNIAWCAB Case No. STK 0204013 (ADJ962699)RUTILIO MIRAMONTESvs.MONIER LIFETILEAIG adj. by GALLAGHERBASSETT SERVICES, INC.Workers’ CompensationAdministrative Law Judge:SCOTT E. CRAWFORDREPORT AND RECOMMENDATION ONPETITION FOR RECONSIDERATIONIINTRODUCTION1. Applicant’s Occupation: In DisputeApplicant’s Age: 52Date of Injury: Employment through and including3/20/2006Parts of Body Alleged to be Injured: Bilateral shoulders, back, spine, bilaterallower extremities, bilateral upperextremities, psyche and hearing loss.Manner In Which Injury Occurred: Cumulative trauma.2. Identity of Petitioner: Defendant filed the petition.Timeliness: The petition was timely filed.Verification: The petition was properly verified. , 3. Date of Issuance of Findings, Orders and April 13, 2009Award:4. Petitioners Contentions: The Workers’ Compensation Judge acted without or in excessof its powers; that the evidence does not justify the Findings of Fact: and the Findings ofFact do not support the Findings of Fact, Opinion on Decision and Orders herein. Thebasis of Petitioners contentions is that the Workers Compensation Judge erred in failingto find that Applicant’s claim is barred by the post termination defense Labor Codesecti
Rutilio Miramontes, vs. Monier Lifetile, And Aig, Adjusted By Gallagher Bassett Services, Inc.,
is a case between Monier Lifetile, AIG, and Gallagher Bassett Services, Inc. against Rutilio Miramontes. Miramontes claimed injury to his hearing, psyche, bilateral shoulders, bilateral upper extremities, bilateral lower extremities, back and spine while employed by Monier Lifetile. The defendant denied the claim based on a post termination defense as provided by Labor Code section 3600(a)(10). The Workers' Compensation Appeals Board denied the petition for reconsideration, finding that the medical records of the applicant contained evidence of the applicant's condition prior to the notice of termination and that the requirements of Labor Code section 3600(a)(10)(B) had been satisfied.
- Filed On:
- Court: California, Stockton
- Case No. ADJ962699
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