Los Angeles Department Of Water And Power, Permissibly Self-Insured Valerie Ayers , the WCJ recommended granting reconsideration to further develop the record. Accordingly, to consider defendant’s request and response, we will grant removal on our own motion. While defendant’s request/response is now moot in light of our August 19, 2011 decision, we note that had we been aware of it prior to our decision, we would have made the same disposition because (1) the November 9, 2006 and September 14, 2007 reports to which defendant refers are not in evidence (and, in fact, our August 19, 2011 decision directed the parties to submit those reports in evidence); (2) the May 29, 2009 report referred to by defendant does not discuss Dr. Fedoruk’s report as defendant alleges; and (3) August 19, 2011 decision states that Dr. Reynolds should consider the April 11, 2011 trial testimony of Robert Williams, something Dr. Reynolds could not have done already. Accordingly, we will return this matter to the trial for further proceedings, consistent with our decision of August 19, 2011. For the foregoing reasons, , IT IS ORDERED that on Motion of the Workers’ Compensation Appeals Board, Removal of the decision issued on August 19, 2011, is GRANTED. IT IS FURTHER ORDERED as the Decision After Removal of the Workers’ Compensation Appeals Board that this matter is RETURNED to the trial level for further proceedings and decision consistent with the decision of August 19, 2011.WORKERS’ COMPENSATION APPEALS BOARD_______________________________________________NEIL P. SULLIVANI CONCUR,_______________________________________________DEIDRA E. LOWE_______________________________________________FRANK M. BRASSDATED AND FILED AT SAN FRANCISCO, CALIFORNIA SEP 06 2011SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.VALERIE AYERSFENSTEN & GELBERGURVITZ, MARLOW
Valerie Ayers vs. Los Angeles Department Of Water And Power, Permissibly Self-insured
The Workers' Compensation Appeals Board granted reconsideration to further develop the record in the case of Los Angeles Department Of Water And Power, Permissibly Self-Insured Valerie Ayers. The decision issued on August 19, 2011 was removed and the matter was returned to the trial level for further proceedings and decision consistent with the decision of August 19, 2011.
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ4100246
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