Teresa Madsen, vs. Tac Worldwide Companies; Travelers Diamond Bar,

In this case, Teresa Madsen, an employee of TAC Worldwide Companies and Travelers Diamond Bar, sought reconsideration of a workers' compensation administrative law judge's ("WCJ") Findings and Award of August 13, 2009. The WCJ found that Madsen sustained admitted industrial injury to her head, neck, back, and bilateral upper extremities, but did not sustain industrial injury in the form of sleep disorder. The WCJ found that the applicant's industrial injury caused temporary disability from December 14, 2004 to January 10, 2005, permanent disability of 17%, and the need for further medical treatment. The WCJ granted reconsideration and rescinded the Findings and Award of August 13, 2009, returning the matter to the trial level for

TAC WORLDWIDE COMPANIES; TRAVELERS DIAMOND BAR, TERESA MADSEN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATERESA MADSEN, Applicant,vs.TAC WORLDWIDE COMPANIES; TRAVELERS DIAMOND BAR, Defendants.Case No. ADJ317055 (ANA 0403204)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Findings and Award of August 13, 2009 wherein it was found that, while employed as a data entry clerk on August 20, 2004, applicant sustained admitted industrial injury to her head, neck, back, and bilateral upper extremities, but did not sustain industrial injury in the form of sleep disorder. The WCJ found that the applicant’s industrial injury caused temporary disability from December 14, 2004 to January 10, 2005, permanent disability of 17%, and the need for further medical treatment.            Applicant contends that the WCJ erred in finding temporary disability for the period only for the period December 14, 2004 to January 10, 2005, arguing that the medical record supports a finding of temporary disability for the period December 15, 2005 to October 2, 2007. We have received an answer, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration.            As explained below, we will grant reconsideration, rescind the Findings and Award of August 13, 2009, and return this matter to the trial level for further development of the record and decision on the issue of temporary disability.////// ,             Orthopedist Steven B. Silbart, M.D. served as the agreed medical evaluator in this matter. Dr. Silbart evaluated the applicant on November 28, 2007. According to the review of medical records contained in Dr. Silbart’s November 28, 2007 report:       “On [January 11, 2005], Ms. Madsen presented to Robert W. Hunt,       an [o]rthopedic surgeon in Long Beach. She complained of neck       pain with radiation into her upper ex

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

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

Copyright © 2023 - CompFox Inc.