Walmart Associates, Inc.; American Home Assurance Sandra Laplante WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASANDRA LAPLANTE, Applicant,vs.WALMART ASSOCIATES, INC.; AMERICAN HOME ASSURANCE, Defendants.Case Nos. ADJ2162178 (FRE 0200410)ADJ972133 (FRE 0197989)OPINION AND ORDER DENYING RECONSIDERATION Applicant, newly aggrieved, seeks reconsideration of our April 4, 2011 Opinion and Order Granting Reconsideration and Decision After Reconsideration. Therein, we granted defendant’s Petition for Reconsideration of the January 13, 2011 Joint Findings, Award, and Order issued by the workers’ compensation administrative law judge (WCJ). In that decision, the WCJ found, based on the parties’ prior stipulations, that applicant, while employed as a department manager, sustained industrial injury to her right knee, right elbow, right ankle, and “psyche” on April 13, 1999 (Case No. ADJ972133), and sustained industrial injury to her right knee, “psyche,” and right lower extremity during the period through March 19, 2001 (Case No. ADJ2162178). The WCJ further found that the injury in Case No. ADJ972133 (date of injury: April 13, 1999) caused 70% permanent disability, and that the injury in Case No. ADJ2162178 (cumulative trauma through March 19, 2001) caused 10% permanent disability. The WCJ found no basis for apportionment. In our April 4, 2011 Opinion and Order Granting Reconsideration and Decision After Reconsideration, we found that the agreed medical examiner (AME) opinion of Andrew Whyman, M.D., substantiated a finding of 10% apportionment of psychiatric disability to non-industrial , causes depending on whether applicant’s gastric bypass surgery is deemed industrially related. Thus, we rescinded the WCJ’s January 13, 2011 Joint Findings, Award, and Order and returned this matter to the trial level for the WCJ to conduct further proceedings and to issue a new decision on that issue. Applicant contends that we should not have relied on Dr. W
Sandra Laplante vs. Walmart Associates, Inc.; American Home Assurance
This case involves a worker, Sandra Laplante, who was employed as a department manager and sustained industrial injuries to her right knee, right elbow, right ankle, and "psyche" on April 13, 1999 (Case No. ADJ972133), and sustained industrial injury to her right knee, "psyche," and right lower extremity during the period through March 19, 2001 (Case No. ADJ2162178). The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration of the January 13, 2011 Joint Findings, Award, and Order issued by the workers' compensation administrative law judge, finding that the agreed medical examiner opinion of Andrew Whyman, M.D., substantiated a finding of
- Filed On:
- Court: California, Fresno
- Case No. ADJ2162178
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.