Theresa Delgado, vs. Merced City School District, Permissibly Self-insured, Adjusted By Claims Management, Inc.,

In this case, the Merced City School District, Permissibly Self-Insured, Adjusted By CLAIMS MANAGEMENT, INC., was found liable for an industrial injury to the applicant, Theresa Delgado, while she was employed as a teacher on November 3, 2003 and during a cumulative period through November 7, 2003. The Workers' Compensation Appeals Board granted reconsideration of the Findings and Award issued by the workers' compensation administrative law judge, rescinded the December 31, 2008 Findings and Award, and returned the matter to the trial level for further proceedings to develop the record and a new decision by the WCJ. The Board found that the medical evidence relied on by the WCJ was stale and incomplete, and that further

MERCED CITY SCHOOL DISTRICT, Permissibly Self-Insured, Adjusted By CLAIMS MANAGEMENT, INC., THERESA DELGADO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATHERESA DELGADO, Applicant,vs.MERCED CITY SCHOOL DISTRICT, Permissibly Self-Insured, Adjusted ByCLAIMS MANAGEMENT, INC., Defendant.CaseNos. ADJ460346 (STK0189196)ADJ3032103 (STK 0191252)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Findings and Award issued by the workers’ compensation administrative law judge (WCJ) on December 31, 2008, wherein the WCJ found that applicant, while employed as a teacher on November 3, 2003 (STK 0189196) and during a cumulative period through November 7, 2003 (STK 0191252), sustained industrial injury to her psyche, causing 27% permanent disability and a need for further medical treatment. Previously, at a mandatory settlement conference (MSC), defendant moved to develop the record by obtaining a psychiatric reevaluation and further medical reporting from a qualified medical examiner (QME). The WCJ denied defendant’s motion and issued an Order that discovery remained closed.            Defendant contends in essence that the WCJ erred finding 27% permanent disability, arguing that the 2004 medical reports from applicant’s QME in psychiatry, Richard Lieberman, M.D., and defendant’s QME, Gordon Baumbacher, M.D., are stale because they are over four years old and do not reflect applicant’s current disability. Defendant argues the WCJ should not have denied its motion to develop the record because the medical evidence relied on by the WCJ is incomplete and does not contain an accurate history.            We have considered the petition for reconsideration and we have reviewed the record in this matter. Applicant filed an answer. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition for reconsideration be , denied. For the reasons di

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