Roadway Express, Inc., Permissibly Self-Insured Wilbur L. Ryan WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWILBUR L. RYAN, Applicant,vs.ROADWAY EXPRESS, INC., Permissibly Self-Insured, Defendant(s)..Case No. SBR 0280470; SBR 0327724OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendam seeks reconsideration of two separate decisions issued by the workers’ compensation administrative law judge (WCJ) on May 16, 2007. In Findings and Award in SBR 0280470, the WCJ found, based on a prior October 7, 1999 Stipulated Award, that applicant, while employed as a mechanic on September 17, 1997, sustained industrial injury to his right knee causing 5% permanent disability and need for further medical treatment. The WCJ further found that there was good cause to reopen the Award in SBR 0280470 and that the injury in SBR 0280470 and the injury in SBR 0327724 combined jointly to cause 25% permanent disability after apportionment of the 5% prior Award. In Findings and Joint Award issued in SBR 0327724, the WCJ found that applicant, while employed as a mechanic from October 8, 1999 through December 31, 2004, sustained cumulative trauma also to his right knee and that applicant’s injury in SBR 0327724 and the injury in SBR 0280470 combined jointly to cause 25% permanent disability after apportionment of the 5% prior Award. Defendant contends that the WCJ erred in finding cumulative trauma to applicant’s right knee from October 8. 1999 to December 31, 2004 arguing that there is no substantial evidence to support this finding. Defendant further contends that the WCJ lacked jurisdiction to reopen , applicant’s prior Award in SBR 0280470 arguing that applicant’s Petition to Reopen was skeletal and not supported by substantial medical evidence. Defendant also contends that the WCJ erred in applying the Wilkinson doctrine (Wilkinson v. Workers’ Comp. Appeals Bd. (1977) 19 Cal.3d 491, 501 (42 Cal.Comp.C
Wilbur L. Ryan vs. Roadway Express, Inc., Permissibly Self-insured
& SBR0327724In this case, Roadway Express, Inc. sought reconsideration of two separate decisions issued by the workers’ compensation administrative law judge (WCJ) on May 16, 2007. The WCJ found that Wilbur L. Ryan, the applicant, sustained industrial injury to his right knee causing 5% permanent disability and need for further medical treatment. The WCJ also found that the injury in SBR 0280470 and the injury in SBR 0327724 combined jointly to cause 25% permanent disability after apportionment of the 5% prior Award. The WCJ granted reconsideration, rescinded the WCJ’s decisions, and returned the matter to the trial level for further proceedings and decision by the
- Filed On:
- Court: California, San Bernardino
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.