Autozone, Inc.; Liberty Mutual Insurance Company Terry Marshall WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATERRY MARSHALL, Applicant,vs.AUTOZONE, INC.; LIBERTY MUTUAL INSURANCE COMPANY, Defendants),Case No. LAO 0806591OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant, Autozone, IncÆiberty Mutual Insurance Company, seeks reconsideration of the April 16, 2007 Findings and Award wherein it was found, inter alia, that applicant, bom February 10. 1967, sustained industrial injury on October 18, 2001 in the form of a hernia while employed as a sales manager; that the injury caused a need for further medical treatment, including surgery, and that the injury caused temporary disability from January 27, 2006, to the present and continuing. Defendant contends that 1) the workers’ compensation administrative law judge (WCJ) did not comply with Labor Code section 5313 and state reasons for his decision; 2) substantial i evidence does not justify the finding that applicant was temporarily totally disabled as a result of the recurrent hernia from January 27, 2006; 3) the WCJ did not address the central issue of whether or not the new hernia (hernia number six) is industrial or an unrelated hernia caused by applicant’s extensive nonindustrial history of hernias, obesity, or some other activity that occurred in the interim, and the surgery may be needed for nonindustrial reasons. Based our review of the record, for the reasons stated herein, and for the reasons stated by the WCJ, we will grant reconsideration solely to defer the issue of temporary disability until applicant is in a post-surgical status. However, we will affirm the WCJ’s decision with respect to , the need for further medical treatment to include surgeryfor the hernia. With respect to the contention that the WCJ did not state reasons for the decision, we notethat the WCJ stated in his opinion on decision that applicant’s
Terry Marshall vs. Autozone, Inc.; Liberty Mutual Insurance Company
. In this case, Autozone, Inc. and Liberty Mutual Insurance Company sought reconsideration of the April 16, 2007 Findings and Award which found that Terry Marshall, the applicant, sustained an industrial injury in the form of a hernia while employed as a sales manager and that the injury caused a need for further medical treatment, including surgery, and caused temporary disability from January 27, 2006 to the present and continuing. The Workers' Compensation Appeals Board granted reconsideration and affirmed the decision on the need for surgery, but deferred the issue of temporary disability until the applicant was in a post-surgical status.
- Filed On:
- Court: California, Los Angeles
- Case No. LAO0806591
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