Cove Fourslide And Stamping; State Compensation Insurance Fund Silverio Ruiz, WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAISILVERIO RUIZ, Applicant,vs.COVE FOURSLIDE AND STAMPING; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ3766797 (AHM 0145349)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration ion of lhe September 1, 2010 Findings and Award issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ found that applicant, while employed as a machine operator and quality control worker during a period of continuous trauma ending May 2009 sustained industrial injury to his neck and back. The WCJ further found ihai applicant did not sustain psychiatric injury, that applicant became permanent and stationary on November 13. 2007, that applicant has no ratable permanent disability, that all medical treatment after November 13. 2007 is disallowed, that the lien of Employment Development Department is disallowed, and that there arc no funds from which to pay attorney fees. Applicant contends that the WCJ should not have relied on the panel qualified medical examination (QME) opinion of Mitchell Cohen. M.D., to find no ratable permanent disability and no need for further medical treatment. Applicant argues that Dr. Cohen’s opinion is not substantial evidence and that the WCJ should have developed the record further. Defendant filed an Answer, and the WCJ issued a Report and Recommendation on Petition for Reconsideration recommending that we gram reconsideration, amend his decision to award further medical treatment, and thaï we olherwise affirm the September 1, 2010 Findings , and Award. Based on our review of the record and for the reasons discussed by the WCJ in her Report, which we adopt and incorporate herein by reference, as well as for the reasons discussed below, we will grant reconsideration and amend the WCJ’s dec
Silverio Ruiz, vs. Cove Fourslide And Stamping; state Compensation Insurance Fund
(AHM 0145349)
In this case, Silverio Ruiz, an employee of Cove Fourslide and Stamping, sought reconsideration of a September 1, 2010 Findings and Award issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ found that Ruiz sustained industrial injury to his neck and back, but did not sustain psychiatric injury, and that he had no ratable permanent disability. The WCJ also found that all medical treatment after November 13, 2007 was disallowed, and that the lien of Employment Development Department was disallowed. The WCJ recommended that the Appeals Board grant reconsideration, amend the decision to award further medical treatment, and otherwise affirm the September 1,
- Filed On:
- Court: Anaheim, California
- Case No. ADJ3766797
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