Deirdre O’brien vs. Ralphs Grocery Store; Permissibly Self-insured And Administered By Sedgwick Claims Management Services

(MON 0243587)In this case, Deirdre O'Brien was awarded 93% permanent disability, payable at the rate of $230.00 per week in the total sum of $145,705.00 with a life pension at the weekly rate of $127.56. The WCJ also found that 25% of applicant's psychiatric disability was apportioned to non-industrial factors and 25% of applicant's back disability was apportioned to non-industrial causes. The WCJ's decision was amended to reflect the pre-trial stipulations regarding commencement of permanent disability benefits. The Petition for Reconsideration filed by the defendant was denied and the Petition for Reconsideration filed by the applicant was granted.

Ralphs Grocery Store; Permissibly Self-Insured and Administered by Sedgwick Claims Management Services Deirdre O’Brien WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADEIRDRE O’BRIEN, Applicant,vs.RALPHS GROCERY STORE; Permissibly Self-Insured and Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants.Case No. ADJ3923265 (MON 0243587)OPINION AND ORDERS DENYING DEFENDANT’S PETITION FOR RECONSIDERATION; GRANTING APPLICANT’S PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant and defendant each seek reconsideration of the Findings of Fact and Award, issued April 7, 2011, wherein the workers’ compensation administrative law judge (WCJ) set forth the “admitted facts”, that applicant sustained an industrial cumulative injury to her back, psyche, left foot and right shoulder during the period of October 1974 through July 1997. The WCJ also found that applicant did not sustain an industrial injury to her right foot and right ankle or her left shoulder. Twenty five percent of applicant’s psychiatric disability was apportioned to non-industrial factors and 25% of applicant’s back disability was apportioned to non-industrial causes. Applicant was awarded 93% permanent disability, payable at the rate of $230.00 per week in the total sum of $145,705.00 with a life pension at the weekly rate of $127.56. Further medical treatment was awarded and applicant was “entitled to reimbursement for out of pocket medical costs and mileage” to be adjusted by the parties. Applicant’s permanent disability benefits were ordered to be payable “beginning July 29, 2004.”            The sole issue raised in applicant’s petition is that the WCJ’s decision fails to reflect the stipulations between the parties regarding the commencement of permanent disability benefits. Applicant points out that the stipulation was entered into the Minutes of Hearing: ,  “The parties further stipulate that permanent disability is payable as follows: March 1, 1999 thr

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