Clifford Mulford vs. El Toro Rv, Inc.; The Hartford, Administered By American All-risk Loss Administration

(Anaheim District Office) is a case in which Clifford Mulford, an employee of El Toro RV, Inc., sustained a catastrophic brain injury while on the job. The case was heard by a workers' compensation administrative law judge (WCJ) who found that El Toro RV, Inc. was not liable for home health care from October 23, 2012 to the present. The WCJ's decision was upheld by the Workers' Compensation Appeals Board, who found that the recently-enacted Labor Code section 4600(h) applied to the case and that Mulford had not met his burden of proof under the statute. The Board also dismissed Mulford's Petition for Removal.

El Toro RV, Inc.; The Hartford, Administered By American All-Risk Loss Administration Clifford Mulford WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACase No. ADJ7763946 (Anaheim District Office)CLIFFORD MULFORD, Applicant,vs.EL TORO RV, INC.; THE HARTFORD, Administered ByAMERICAN ALL-RISK LOSS ADMINISTRATION, Defendants.OPINION AND ORDERS DENYING PETITION FOR RECONSIDERATION AND DISMISSING PETITION FOR REMOVAL            Applicant seeks reconsideration and/or removal of the February 22, 2013 Findings & Order, wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a service writer on March 8, 2011, sustained industrial injury to his head and brain. The WCJ found that defendant was not liable for home health care from October 23, 2012 to the present, and found that all other issues were moot.            Applicant contends that the WCJ erred in finding that defendant was not liable for home health care from October 23, 2012 to the present.            We have received defendant’s Answer. The WCJ prepared a Report and Recommendation on Reconsideration/Removal (Report), recommending that the Petition for Removal be dismissed and the Petition for Reconsideration be denied.            We have considered the Petition, the Answer, and the contents of the Report, and we have reviewed the record in this matter. For the reasons expressed by the WCJ in his Report, which we adopt and incorporate, and for the reasons discussed below, we will dismiss applicant’s Petition for Removal and deny applicant’s Petition for Reconsideration. , FACTS            On March 8, 2011, applicant fell from a ladder while working for defendant as a service writer. He sustained a catastrophic brain injury as a result of his fall and spent several months in the hospital, At the time of his release from the hospital, he was experiencing residual left side weakness, decreased memory, fatigue, and seizures. (Petition, 2:3-15.)            The pa

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