ORACLE USA, INC.; SAFETY NATIONAL CASUALTY COMPANY, administered by MATRIX ABSENCE MANAGEMENT, INC. THERESA MERENKOV WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATHERESA MERENKOV, Applicant,vs.ORACLE USA, INC.; SAFETY NATIONAL CASUALTY COMPANY, administered by MATRIX ABSENCE MANAGEMENT, INC.,Defendants.Case No. ADJ9007348(Oakland District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of the July 31, 2014 Findings and Award wherein the workers’ compensation administrative law judge (WCJ) found that while employed as a global methods instructor, applicant sustained an industrial injury on December 8, 2012, to multiple body parts causing 50% permanent disability and a need for future medical treatment. Defendant contends that the finding of permanent disability is excessive and not correctly rated, arguing that the Panel Qualified Medical Evaluator assigned incorrect whole person impairments and that the WCJ should have sought the assistance of a disability evaluation rater. We have considered the Petition for Reconsideration and the Answer filed by applicant’s attorney, as well as the Report and Recommendation on Petition for Reconsideration (Report) filed by the WCJ recommending the Petition be denied. Based on our review of the record, and for the reasons stated in the WCJ’s Report, which we adopt and incorporate, we will deny reconsideration. The WCJ reasonably relied on the findings of Dr. Scott Anderson who exercised appropriate clinical judgment in applying the AMA Guides 5th Edition and provided his impairment opinions, and sufficiently explained his reasoning. Dr. Anderson’s report and deposition testimony constitute substantial evidence in support of his opinions. (Escobedo v. Marsha/ls (2005) 70 Cal.Comp.Cases 604, 612 (Appeals Board en bane); LeVesque v. Workmen’s Compensation Appeals Board (1970) 1 Cal.3d 627, 635-637 [35 Cal.Comp.Cases 16]; Garza v. Workmen’s Compens
Theresa Merenkov vs. Oracle Usa, Inc.; Safety National Casualty Company, Administered By Matrix Absence Management, Inc.
This case involves Theresa Merenkov, an employee of Oracle USA, Inc., who sustained an industrial injury on December 8, 2012, to multiple body parts causing 50% permanent disability and a need for future medical treatment. The defendant, Safety National Casualty Company, administered by Matrix Absence Management, Inc., sought reconsideration of the July 31, 2014 Findings and Award, arguing that the finding of permanent disability was excessive and not correctly rated. The Workers' Compensation Appeals Board denied the Petition for Reconsideration, finding that the Panel Qualified Medical Evaluator assigned correct whole person impairments and that the WCJ reasonably relied on the findings of the medical evaluator.
- Filed On:
- Court: California, Oakland
- Case No. ADJ9007348
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