WARNER BROS., permissibly self-insured, ZURICH NORTH AMERICA; and INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, TONY VUKSICH (DECEASED) DINKA VUKSICH (WIDOW), WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALYFORNIATONY VUKSICH (DECEASED)DINKA VUKSICH (WIDOW), Applicant,vs.WARNER BROS., permissibly self-insured, ZURICH NORTH AMERICA; andINSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Defendants.Case No. ADJ1259003 (MON 0320396)ADJ1289368 (MON 0320398)ADJ3281972 (MON 0320397)OPINION AND ORDER DENYING RECONSIDERATION Applicant seeks reconsideration of the Joint Finding of Fact and Order of August 20, 2009, wherein the workers’ compensation judge (WCJ) found that applicant did not sustain an industrial injury to his back or hip during the month of May 1999, during the month of March 2003, or during the period from 1973 through August 12, 2003, while employed by Warner Bros. as a driver. The WCJ, thus, ordered that applicant take nothing on his claims for workers’ compensation benefits. Applicant, now deceased, and his widow contend that he sustained compensable industrial injuries to his back and hip and that the WCJ erred in concluding otherwise, arguing that they were denied due process of law and did not get a fair trial because the WCJ allowed defendant to take applicant’s deposition after discovery should have closed at a mandatory settlement conference (MSC), refused to “follow” medical evidence that applicant was dying and unable to give deposition testimony, and refused to schedule the matter for trial before applicant died. Applicant further argues that the case should have been assigned to a different WCJ for trial because he filed a timely petition pursuant to Appeals Board Rule 10453. Applicant also argues that the WCJ ignored his “credible ‘evidence”‘ of industrial causation, including his three claim forms and Application for Adjudication of Claim (application), the “entirety of [applicant’s] medical history , at UCLA,” and the re
Tony Vuksich (deceased) Dinka Vuksich (widow), vs. Warner Bros., Permissibly Self-insured, Zurich North America; And Insurance Company Of The State Of Pennsylvania,
- Filed On:
- Court: California, San Francisco
- Case No. ADJ1259003
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