Wellpoint Health Networks Inc./Blue Cross Of California; California Insurance Guarantee Association For Fremont Compensation In Liquidation By Its Servicing Facility, Sedgwick Cms- Roseville Office, Sandra Ayer, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASANDRA AYER,Applicant,vs.WELLPOINT HEALTH NETWORKS INC./BLUE CROSS OF CALIFORNIA; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION FORFREMONT COMPENSATION IN LIQUIDATION BY ITS SERVICING FACILITY, SEDGWICK CMS- ROSEVILLE OFFICEDefendants.Case No. ADJ1029211 (POM0251434)ADJ8302937(Sacrament District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ’s report, which we adopt and incorporate, and for the reasons stated below, we will deny reconsideration. The WCJ’s decision is supported by the opinion of Lawrence Miller, M.D., the panel qualified medical examiner (PQME). The following exchange took place during his August 18, 2014 deposition: Q [attorney for Zurich]: OK. Do you think that’s an important factor to know? If she was off for that length of period of time, would that affect your opinion on — if there is a separate CT period or ending of one CT and beginning of another? A [Dr. Miller]: My opinion is that, when you look at this case, that it’s just one long CT where there was some periods of rest, but generally I don’t think it’s possible to sort out different periods due to chronicity of the problem and the nature of her injuries that there was nothing specific, and so therefore it would be impossible to sort it out other than what I said. There is some periods of TTD. Basically her job is continuous, the same stress throughout except for one nine-month period and, due to the
Sandra Ayer, vs. Wellpoint Health Networks Inc./Blue Cross Of California; California Insurance Guarantee Association For Fremont Compensation In Liquidation By Its Servicing Facility, Sedgwick Cms- Roseville Office,
This case involves a worker's compensation appeal by Sandra Ayer against Wellpoint Health Networks Inc./Blue Cross of California and the California Insurance Guarantee Association for Fremont Compensation in Liquidation by its Servicing Facility, Sedgwick CMS- Roseville Office. The Workers' Compensation Appeals Board denied the Petition for Reconsideration, based on the opinion of the panel qualified medical examiner (PQME) that the injury was one long continuous trauma injury from the start of employment to the time of retirement.
- Filed On:
- Court: California, Sacramento
- Case No. ADJ1029211
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