WEBER METALS; AMERICAN INSURANCE COMPANY/ASSOCIATES INDEMNITY CORPORATION, adjusted by FIREMAN’S FUND INSURANCE COMPANY; and AMERICAN HOME ASSURANCE adjusted by AIG CLAIMS SERVICES, TANNY L. ROBERTS, ‘WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATANNY L. ROBERTS, Applicant,vs.WEBER METALS; AMERICAN INSURANCE COMPANY/ASSOCIATES INDEMNITY CORPORATION, adjusted by FIREMAN’S FUND INSURANCE COMPANY; and AMERICAN HOME ASSURANCE adjusted by AIG CLAIMS SERVICES, Defendants.Case Nos. ADJ3680333 (LAO 0797706)ADJ1445214 (LAO 0814077)ADJ4283483 (LAO 0885924)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant Fireman’s Fund Insurance on behalf of American Insurance Company /Associates Indemnity Corporation adjusted by Fireman’s Fund Insurance (defendant Fireman’ s Fund) seeks reconsideration of the Finding and Order of February 10, 2009, wherein the workers’ compensation administrative law judge (WCJ) granted defendant American Home Assurance adjusted by AIG Claims Services’ (defendant AIG) appeal of the Match 29, 2007 determination of the Rehabilitation Unit and found that defendant AIG is not liable for provision of vocational rehabilitation services and the payment of retroactive benefits at the delay rate for the period beginning October 22, 2002 and continuing.1 Defendant Fireman’s Fund contends that the WCJ erred in finding that applicant’s need for vocational rehabilitation benefits and services is solely attributable to the cumulative trauma injury because that finding is predicated upon a medical opinion lacking in substantial medical evidence. Specifically, defendant Fireman’s Fund argues that Dr. Steven Silbart’s general statement that 1Defendant Fireman’s Fund’s petition for reconsideration references WCAB Case Numbers ADJ3680333 (LAO 0797706) and/or ADJ1445214 (LAO 0814077), but the Finding and Order references only WCAB Case No. LAO 0885924 (ADJ4283483). , applicant’s cumulative trauma injury prec
Tanny L. Roberts, vs. Weber Metals; American Insurance Company/associates Indemnity Corporation, Adjusted By Fireman’s Fund Insurance Company; And American Home Assurance Adjusted By Aig Claims Services,
, WEBER METALS; AMERICAN INSURANCE COMPANY/ASSOCIATES INDEMNITY CORPORATION, adjusted by FIREMAN'S FUND INSURANCE COMPANY; and AMERICAN HOME ASSURANCE adjusted by AIG CLAIMS SERVICES, TANNY L. ROBERTS, 'WORKERS' COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATANNY L. ROBERTS, Applicant,vs.WEBER METALS; AMERICAN INSURANCE COMPANY/ASSOCIATES INDEMNITY CORPORATION, adjusted by FIREMAN'S FUND INSURANCE COMPANY; and AMERICAN HOME ASSURANCE adjusted by AIG CLAIMS SERVICES
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ3680333
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