Scott M. M. Rathke vs. Lloyd Electric; Redland Insurance Companyi Gallagher Bassett Services

is a case in which Scott M. M. Rathke, an employee of Lloyd Electric, filed a workers' compensation claim alleging injury due to an altercation with a co-worker on October 21, 2005. The claim was denied by Redland Insurance Company and Gallagher Bassett Services on the basis that Rathke was the initial aggressor in the altercation and was therefore not entitled to benefits. The case proceeded to trial, and the Workers' Compensation Appeals Board found that the defense witness offered the most credible testimony concerning how the altercation occurred, and denied Rathke's petition for reconsideration.

Lloyd Electric; Redland Insurance Companyi Gallagher Bassett Services Scott M. M. Rathke WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASCOTT M. M. RATHKE, Applicant,vs.LLOYD ELECTRIC; REDLAND INSURANCE COMPANYI GALLAGHER BASSETT SERVICES, Defendant(s),Case No. POM288066ORDER DENYING 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 said repon which we adopt and incorporate, we will deny reconsideration.            We are moreover, extending to the WCJ’s finding on credibility the great weight .o which it is entitled. (Garza v. Workmen’s Comp. Appeals Bd. (1970) 3 Cal.3d 312 (35 Cal. Comp. Cases 500).) , 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,________________________________________FRANK M. BRASSCONCURRING, BUT NOT SIGNINGJANICE JAMISON MURRAY________________________________________DATED AND FILED AT SAN FRANCISCO. CALIFORNIAJUL 25 2007SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.Blomberg, Benseon & GarrettReff & Ruggierovpd , STATE OF CALIFORNIAWORKERS’ COMPENSATION APPEALS BOARDCase No. POM 0288066SCOTT M. RATHKEvs.LLOYD ELECTRIC; REDLAND INSURANCE COMPANY/ GALLAGHER BASSETT SERVICESWORKERS’ COMPENSATION ADMINISTRATIVE LAW JUDGE: CATHERINE J. COUTTSDATE: July 2, 2007REPORT AND RECOMMENDATION ONPETITION FORRECONSIDERATION            Applicant, born March 27, 1964, while employed by Lloyd Electric on October 21,2005allegedly sustained injuries arising out of, and occurring in the course of employment to his jaw, head and teeth. Decision issued herein on June 8, 2007.            Applicant has filed a

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.