TOBIN LUCKS; MALMQUIST, FIELDS & CAMASTRA, SUDHA RAJENDER, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASUDHA RAJENDER, Applicant,vs.TOBIN LUCKS; MALMQUIST, FIELDS & CAMASTRA, Defendants.Case No. ADJ663546 (SRO 0136610)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant, Sudha Rajender, appearing in propria persona, seeks reconsideration of the Findings and Order, issued July 13, 2009, in which a workers’ compensation administrative law judge (WCJ) found applicant did not sustain an industrial cumulative trauma injury to his heart over the period May 3, 2004 through October 9, 2005, and culminating in an acute myocardial infarction on October 9, 2005, while employed as an attorney by Tobin Lucks, and by Malmquist, Fields & Camastra.1 Applicant contends the WCJ erred in concluding that he had not met his burden of proof to establish that the stress of his employment contributed to the development of his heart disease, asserting that the opinion of the panel Qualified Medical Evaluator (QME), Dr. Gerald Besses, in combination with applicant’s testimony regarding his perception of workplace stress, justifies a finding of industrial causation. Defendant, Commerce and Industry Insurance Company, on behalf of Tobin Lucks, has filed an answer to the petition for reconsideration. Following our review of the record, and for the reasons set forth below, we shall affirm the 1Applicant’s August 5, 2009 Petition for Reconsideration was not verified as required by Labor Code section 5902. However, he cured this defect by filing a verification on August 10, 2009. , WCJ’s determination and deny applicant’s petition for reconsideration.I. Applicant was employed for eleven months as a workers’ compensation defense attorney at Tobin Lucks in San Diego, beginning in May of 2004, until he resigned on March 31, 2005. On Saturday, October 8, 2005, he suffered a heart attack at home, and sought medical treatment the followin
Sudha Rajender, vs. Tobin Lucks; Malmquist, Fields & Camastra,
- Filed On:
- Court: California, Santa Rosa
- Case No. ADJ663546
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