Siripala Dedigama vs. Embassy Suitesiel Segundo; And Ace Insurance

is a case involving Embassy Suites/El Segundo and Ace Insurance, in which the workers' compensation administrative law judge found that the medical record regarding the admitted industrial injuries sustained by the applicant, Siripala Dedigama, required further development. The judge appointed a regular physician, pursuant to Labor Code section 5701, to examine the applicant and ordered the parties to prepare a joint letter to the regular physician. The judge also ordered the defendant to pay for the physician's services. The petition for reconsideration was denied as the order was not a final order and the defendant had not demonstrated that it would suffer irreparable harm or significant prejudice because of the appointment of a regular physician.

Embassy Suitesiel Segundo; And Ace Insurance Siripala Dedigama WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASIRIPALA DEDIGAMA, Applicant,vs.EMBASSY SUITESIEL SEGUNDO; and ACE INSURANCE, Defendant.Case No. LAO 801138; LAO 801140OPINION AND ORDER DENYING RECONSIDERATION            Defendant seeks reconsideration of the Findings and Orders of November 7, 2007, wherein the workers’ compensation administrative law judge (WCJ) found, in essence, that the medical record regarding the admitted industrial injunes that applicant sustained to his back on July 16, 2000 (case number I.AO 801138), and to his back and abdomen during the period from 1995 through September 15. 2001 (case number LAO 8011401), while employed as a bellman by Embassy Suites/EI Segundo, the insured on the dates of injury of ACE Insurance, requires further development. The WCJ also found, in essence, that obtaining the supplemental opinions of the physicians that already reported will not cure the defects or deficiencies in the record. Therefore, the WCJ, in essence, appointed a “regular physician,” pursuant to Labor Code section 5701, to examine applicant, ordered the parties to prepare a joint letter to the regular physician, Armin Sadoff, M.D., and ordered defendant to pay for Dr. Sadoffs services.Defendant contends that the WCJ erred in appointing an “agreed medical evaluator.”Applicant did not file an answer to the petition for reconsideration. 1 Inexplicably and inappropriately. defendant also listed case number LAO 801139 in the caption to its petition for reconsideration. However, the Findings and Orders was not issued in that case, and the case involves a different insurance company. Moreover, it appears that a now-final Findings of Fact was issued in that case in July 2006 and that the mailer is not pending. , I.            We have considered the allegations of the petition for reconsideration, as well as the content of the WCJ’s Report and Recommendation (Report).Based on our review of

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

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

Copyright © 2023 - CompFox Inc.