HACIENDA BRIDES INTERNATIONAL, INC.; STATE COMPENSATION INSURANCE FUND, STARR OLSON, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASTARR OLSON, Applicant,vs.HACIENDA BRIDES INTERNATIONAL,INC.; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ2500785 (MON 0261411)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant, State Compensation Insurance Fund (SCIF), on behalf of its insured, Hacienda Brides International, Inc., seeks reconsideration of the Findings and Award, issued November 14, 2008, in which a workers’ compensation administrative law judge (WCJ) found that applicant, Starr Olson, sustained industrial injury to her bilateral upper extremities, RSD, left shoulder, right knee and psyche, but not fibromyalgia, on March 18, 2000, while employed as an assistant manager. As a result of her injury, the WCJ found applicant sustained total permanent disability, and need for further medical treatment. Defendant contends the WCJ erred in finding applicant to be totally permanently disabled, as she is currently participating in vocational rehabilitation and is capable of being retrained. Defendant further argues WCJ erred in relying upon the opinion of Dr. Salick, which is at odds with the opinions of the three Agreed Medical Examiners (AME), who do not agree with his opinion that applicant cannot return to the labor force. Finally, defendant argues the WCJ erred in failing to apportion applicant’s permanent disability caused by the injury to her psyche, as found by Dr. Bassett, the AME in psychiatry. Applicant has filed an answer to defendant’s petition. Following our review of the record, and for the reasons set forth below, we shall grant , reconsideration, rescind the Findings and Award and return this matter to the trial level for a new permanent disability rating based upon the findings of the AMEs.BackgroundApplicant sustained an admitted injury on March 18, 2000, while emplo
Starr Olson, vs. Hacienda Brides International, Inc.; State Compensation Insurance Fund,
- Filed On:
- Court: California, San Francisco
- Case No. ADJ2500785
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