Superior Inspection Services;Firemans Fund Insurance Tom Drennan WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATOM DRENNAN,Applicant,vs. SUPERIOR INSPECTION SERVICES;FIREMAN’S FUND INSURANCEDefendantsCase No. ADJ1991870 (OAK 0277929)OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Defendant seeks reconsideration of the June 21.2010 Findings and Award of the workers’ compensation administrative law judge (WCJ) who found in OAK 0277929 that applicant incurred industrial injury to his left knee, both hips and gastrointestinal system “as compensable consequences” of the admitted industrial injury to his right knee that was incurred on March 16. 2000. while working as a housing inspector for Superior Inspection Services (Superior), then insured by Fireman’s Fund Insurant Company (Fireman’s), and as earlier found by the WCJ in an April 25. 2005 Findings and Award. The WCJ also found in his June 21, 2010 decision that applicant incurred 29% permanent disability as a result of his industrial injury, along with a need for further medical treatment. Defendant contends that the June 21. 2010 finding of consequential industrial injury to the left knee and both hips in OAK 0277929 is in error because the WCJ expressly found in an April 25, 2005 decision in-this case that applicant did not incur consequential injury to those body parts and that the earlier 2005 finding is controlling under the principle of res judicata. Defendant does not challenge the finding in this case of industrial injury to the gastrointestinal system or the finding that applicant incurred 29% permanent disability because of industrial injury. , The WCJ provided a Repon and Recommendation on Petition for Reconsideration and an answer was received. We grant reconsideration and as our decision alter reconsideration we amend the WCJ’s June 21. 2010 decision to delete the finding of consequential industrial injury to the left knee
Tom Drennan vs. Superior Inspection Services;firemans Fund Insurance
(OAK 0277929) is a case in which Tom Drennan, an employee of Superior Inspection Services, sought workers' compensation for an injury to his right knee that occurred on March 16, 2000. The Workers' Compensation Appeals Board granted reconsideration and amended the June 21, 2010 Findings and Award to delete the finding of consequential industrial injury to the left knee and both hips, as the issue of consequential injury to those body parts had been finally addressed in the negative in the WCJ's earlier April 25, 2005 decision. The Board also found that the June 21, 2010 decision was precluded by the five year time limit for reopening and amending an award as proscribed by Labor Code sections 5410 and 5804.
- Filed On:
- Court: California, Oakland
- Case No. ADJ1991870
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