CLASSIC RESIDENCE BY HYATT and AMERICAN HOME ASSURANCE COMPANY, adjusted by GAB ROBINS NORTH AMERICA, INC., VERONICA MARTINEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAVERONICA MARTINEZ, Applicant,vs.CLASSIC RESIDENCE BY HYATT and AMERICAN HOME ASSURANCE COMPANY, adjusted by GAB ROBINS NORTH AMERICA, INC., Defendant(s).Case Nos. ADJ1018094 (SFO 0506934)ADJ1325615 (SFO 0504597)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings, Award, And Order of July 20, 2009, in which the workers’ compensation judge (WCJ) found, in relevant part, that on March 26, 2006 applicant sustained industrial injury to her head, neck, and bilateral shoulders (SFO 0506934/ADJ1018094), that on August 24, 2006 applicant sustained industrial injury to her neck, spine, right upper extremity and left lower extremity (SFO 0504597/ADJ1325615), that in SFO 0504597/ADJ1325615, defendant paid temporary. total disability (TTD) indemnity to applicant from August 26, 2006 and continuing in broken periods up to May 2007, that in both cases, defendant failed/refused to respond to multiple requests for applicant to participate in a “SPARCmed” functional restoration program, that in both cases defendant authorized the SPARCmed functional restoration program on November 7, 2008, after the 104-week limitation for TD indemnity had expired, that in both cases defendant’s failure and/or refusal to respond to multiple requests from the treating physician caused delays in applicant’s admission and participation in the SPARCmed functional restoration program, that in both cases, applicant would have participated in and completed the SPARCmed functional restoration program prior to the expiration of the 104 week limitation on TD indemnity, but for defendant’s delays, and that , applicant is entitled to TTD indemnity at the rate of $321.33 per week during the time applicant participated in and completed the SPARCmed
Veronica Martinez, vs. Classic Residence By Hyatt And American Home Assurance Company, Adjusted By Gab Robins North America, Inc.,
, SFO 0506934 , SFO 0504597 , GAB ROBINS NORTH AMERICA , INC. , AMERICAN HOME ASSURANCE COMPANY , CLASSIC RESIDENCE BY HYATT , VERONICA MARTINEZ , WORKERS' COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA , This case is about Veronica Martinez, who was employed by Classic Residence by Hyatt and sustained injuries to her head, neck, and bilateral shoulders on March 26, 2006 and to her neck, spine, right upper extremity and left lower extremity on August 24, 2006. The defendant paid temporary total disability indemnity to the applicant from August 26, 2006 and continuing in broken periods up to May
- Filed On:
- Court: California, San Francisco
- Case No. ADJ1018094
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