SUSAN STOCKTON vs. SPIRENT COMMUNICATIONS AMERICAN HOME ASSURANCE Administered By AIG CLAIM SERVICES INC

In this case, Susan Stockton, an employee of Spirent Communications, was found to have sustained 75% permanent disability as a result of an industrial cumulative trauma injury to multiple parts of her body over the period October 31, 1998 through August 3, 2004. The Workers' Compensation Appeals Board granted reconsideration of the Findings and Award, rescinded the Findings and Award, and returned the matter to the WCJ for further consideration of the award of temporary disability and EDD's lien.

SPIRENT COMMUNICATIONS AMERICAN HOME ASSURANCE Administered by AIG CLAIM SERVICES INC SUSAN STOCKTON WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASUSAN STOCKTON, Applicant,vs.SPIRENT COMMUNICATIONS; AMERICAN    HOME ASSURANCE, Administered by AIGCLAIM SERVICES, INC., Defendants.Case No. ADJ1379080 (VNO 0509816)OPINION AND ORDERGRANTING PETITIONS FORRECONSIDERATIONAND DECISION AFTER    RECONSIDERATION            Defendant, Spirent Communications, and lien claimant, the Employment Development Department (EDD) seek reconsideration of the Findings and Award, issued April 16, 2014, in which a workers’ compensation administrative law judge (WCJ) found applicant, Susan Stockton, while employed as a manager, sustained 75% permanent disability as a result of an industrial cumulative trauma injury to multiple parts of her body over the period October 31, 1998 through August 3, 2004. In additional findings, the WCJ awarded temporary disability at the weekly rate of $986.69, from August 3, 2004 through March 31, 2011, less credit for amounts paid and less attorney fees. Applicant was found to be in need of further medical treatment, per the opinions of two Agreed Medical Examiners, as well as entitled to reimbursement for self-procured medical treatment and medical-legal expenses, which defendant was ordered to pay or adjust.            Defendant contests the WCJ’s award, arguing first that the award of seven years of temporary disability indemnity violates the 104 week limitation on temporary disability in Labor Code section 4656. Defendant further contends the WCJ erred in determining the extent of permanent disability, where he relied upon a physician whom he mischaracterized as an Agreed Medical Examiner (AME), while failing to consider the medical reports of defendant’s Qualified Medical Evaluator (QME).            EDD contends the WCJ erred in failing to provide reimbursement of its lien for $29,224.00, for the overlapping periods in which applicant received disa

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

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

Copyright © 2023 - CompFox Inc.