Zoila Yool, vs. Department Of Social Services/ihss, Administered By State Compensation Insurance Fund,

This case involves a worker's compensation claim by Zoila Yool, who alleged that she sustained industrial injury to her neck, low back, both shoulders, bilateral wrists and hands, and in the form of chronic pain disorder while employed as a home care aide on September 6, 2001. The Workers' Compensation Appeals Board granted reconsideration and amended the Findings and Award in one case to reflect that the applicant sustained cumulative industrial injury only to her bilateral wrists and left elbow, and affirmed the decisions for the reasons stated by the WCJ in his Report. The WCJ recommended that the applicant receive her regular payment of $95.37 from the stipulated permanent and stationary date, September 29, 2004, through May 28, 2009, less

DEPARTMENT OF SOCIAL SERVICES/IHSS, Administered By STATE COMPENSATION INSURANCE FUND, ZOILA YOOL, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAZOILA YOOL, Applicant,vs.DEPARTMENT OF SOCIAL SERVICES/IHSS, Administered By STATE COMPENSATION INSURANCE FUND, Defendants.Case Nos. ADJ1864288 (LAO 0813705)ADJ502659 (LAO 0880982)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of two separate decisions issued by a workers’ compensation administrative law judge (“WCJ”) on May 11, 2009. In a Findings and Award of May 11, 2009 in case ADJ1864288, it was found that, while employed as a home care aide on September 6, 2001, applicant sustained industrial injury to her neck, low back, both shoulders, bilateral wrists and hands, and in the form of chronic pain disorder, causing permanent total (100%) disability, the need for further medical treatment, and the need for home health services. In a Findings and Orders of May 11, 2009 in case ADJ502659, it was found that, while employed during a cumulative period ending on September 6, 2001, applicant sustained industrial injury to her neck, low back, both shoulders, bilateral wrists and hands, and in the form of chronic pain disorder, but that these injuries caused no permanent disability.            Defendant contends that the WCJ erred in (1) inadequately explaining the basis behind his findings, (2) finding permanent disability of 100% in case ADJ1864288, arguing that the opinions of agreed medical evaluator Lawrence Miller, M.D., upon which the WCJ relied, did not constitute substantial evidence, (3) not allowing questioning on the issue of applicant’s entitlement to home health care, (4) finding industrial injury to the neck, low back, both shoulders, and in the form of chronic pain disorder in case ADJ502659, arguing that the applicant only alleged industrial , cumulative injury to the bilateral wrists and elbow, and that the medical evidence sup

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.