RMC PACIFIC MATERIALS, INC. & TRAVELERS INDEMNITY OF ILLINOIS, SCOTT DAVIS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASCOTT DAVIS, Applicant,vs.RMC PACIFIC MATERIALS, INC. & TRAVELERS INDEMNITY OF ILLINOIS, Defendant(s).Case Nos. ADJ1756675 (STK 0194632)ADJ2792711 (STK 0194633)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of the Joint Findings and Award issued June 30, 2009, wherein the workers’ compensation administrative law judge (WCJ) found, in STK 194632, that applicant sustained an industrial injury to his right arm and shoulder, at an unspecified time, while employed as a welder/mechanic. The WCJ also found that applicant sustained an industrial injury to his neck and psyche, but that “no period of temporary disability [was] found” regarding applicant’s industrial injuries. The issue of permanent disability and apportionment was deferred for purposes of further development of the record. In STK 194633, the WCJ found that applicant sustained an industrial injury to his “right foot/ankle”, while working at unspecified time as a welder/mechanic period. The WCJ specifically found that applicant had no permanent disability and no attorney fees were allowed. In both claims, applicant was found to be permanent and stationary on June 16, 2005. Applicant was awarded further medical treatment for his right shoulder and neck (STK 194632) and further medical treatment for his “right foot/ankle” industrial injury (STK 194633). The entirety of applicant’s petition for reconsideration consists of the following: “The Applicant requests Reconsideration as the findings are not justified by the evidence. The opinion on decision finds that as to the orthopedic injury, there is no permanent disability awarded. As to the psychiatric injury, the issue of permanent disability is , deferred to the parties to return to Dr. Curry, in the capacity as Agreed M
Scott Davis, vs. Rmc Pacific Materials, Inc. & Travelers Indemnity Of Illinois,
This case involves a worker's compensation claim by Scott Davis for an industrial injury to his right arm and shoulder, neck, and psyche, as well as an industrial injury to his right foot and ankle. The workers' compensation administrative law judge found that Davis had no permanent disability and no attorney fees were allowed. The issue of permanent disability and apportionment was deferred for further development of the record. The petition for reconsideration was dismissed as it challenged the WCJ's deferral of issues so that the record may be developed regarding Davis' claim for permanent disability benefits.
- Filed On:
- Court: California, Stockton
- Case No. ADJ1756675
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