DRESS BARN, INC. (WESTPORT STORE); ZURICH AMERICAN INSURANCE GROUP, VALERIE HARRIS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAVALERIE HARRIS, Applicant,vs.DRESS BARN, INC. (WESTPORT STORE);ZURICH AMERICAN INSURANCE GROUP, Defendant(s).Case No. ADJ4213133 (GRO 0034755)ADJ2573298 (GRO 0017311)ORDER DENYING RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration. We note, moreover, that it is well established that the relevant and considered opinion of one physician, though inconsistent with other medical opinions, may constitute substantial evidence. (See Place v. Workmen’s Comp. Appeals Bd. (1970) 3 Cal.3d 372 [35 Cal.Comp.Cases 18 5251.)//////////////////////// , For the foregoing reasons, IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED. WORKERS’COMPENSATION APPEALS BOARD _______________________________ JOSEPH M. MILLERI CONCUR, _______________________________ DEIDRA E. LOWE_______________________________ JAMES C. CUNEODATED AND FILED AT SAN FRANCISCO, CALIFORNIAOCT 15 2009SERVICE MADE BY MAIL ON ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES AS SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD:VALERIE HARRISTOBIN LUCKSWHEELER & BEATONGRAY& PROUTYcsl , CASE NO.: ADJ2573298VALERIE HARRIS vs.DRESS BARN; ZURICH AMERICAN INSURANCEWORKERS’ COMPENSATION JUDGE: LYDIA K. MOURENZADATE OF INJURY: JULY 18, 1995REPORT AND RECOMMENDAT
Valerie Harris, vs. Dress Barn, Inc. (westport Store); Zurich American Insurance Group,
is a case in which Valerie Harris filed a petition for reconsideration against Dress Barn, Inc. (Westport Store) and Zurich American Insurance Group. The Workers' Compensation Appeals Board denied the petition for reconsideration, finding that the relevant and considered opinion of one physician, though inconsistent with other medical opinions, may constitute substantial evidence. The Board also found that Dress Barn remained liable for all orthopedic injury and that the subsequent employment did not constitute an injurious cumulative trauma.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ4213133
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