DIMITRY KOVALENKO vs. MAJOR LEAGUE SOCCER Dba LOS ANGELES GALAXY, GREAT DIVIDE INSURANCE

This case involves a dispute between Major League Soccer dba Los Angeles Galaxy, Great Divide Insurance, and Dimitry Kovalenko over a workers' compensation claim for a cumulative trauma injury sustained by Kovalenko while employed as a professional athlete. The Workers' Compensation Appeals Board granted reconsideration to further study the legal and factual issues raised by the petition for reconsideration. After review, the Board rescinded the Findings and Award and Order, and returned the matter to the trial level to permit the parties to obtain a Panel Qualified Medical Evaluation. The Board found that the delay in the selection process was due to applicant's attorney's failure to properly identify the selected PQME, and that defendant could reasonably rely upon representations made by a hearing representative

MAJOR LEAGUE SOCCER dba LOS ANGELES GALAXY, GREAT DIVIDE INSURANCE DIMITRY KOVALENKO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADIMITRY KOVALENKO, Applicant,vs.MAJOR LEAGUE SOCCER dba LOS ANGELES GALAXY, GREATDIVIDE INSURANCE, Defendants.Case No. ADJ7632947(Anaheim District Office)OPINION AND DECISION AFTER RECONSIDERATION            On April 13, 2012, we granted reconsideration in this matter to provide an opportunity to further study the legal and factual issues raised by the petition for reconsideration. Having completed our review, we now issue our Decision After Reconsideration.            Defendant, Great Divide Insurance, on behalf of its insured, Major League Soccer dba Los Angeles Galaxy, filed a petition for reconsideration from the Findings and Award and Order, issued January 24, 2012, in which a workers’ compensation administrative law judge (WCJ) found applicant, Dimitry Kovalenko, sustained 89% permanent disability as a result of an industrial cumulative trauma injury to multiple parts of his body while employed as a professional athlete over the period ending December 3, 2010. In a finding disputed by defendant’s petition, the WCJ found defendant had a meaningful opportunity to obtain a Panel Qualified Medical Evaluation (PQME) report prior to the Mandatory Settlement Conference (MSC) but failed to exhibit due diligence or forfeited the opportunity to obtain the report for business reasons. The WCJ further found applicant was entitled to a 15% increase in permanent disability payments pursuant to Labor Code section 4658(d).            Defendant contends it was denied due process of law by the WCJ’s refusal to permit it to obtain a PQME report before the close of discovery, asserting that it followed the requirements of Labor Code section 4062.2, and its inability to obtain the report was due to the conduct of applicant and his legal counsel. Applicant has filed an answer to defendant’s petition for reconsideration.             For the reaso

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

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

Copyright © 2023 - CompFox Inc.