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Emad Barsoum vs. Labcorp Ace American Insurance Company

LABCORP ACE AMERICAN INSURANCE COMPANY EMAD BARSOUM WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEMAD BARSOUM, Applicant,vs.LABCORP; ACE AMERICAN INSURANCECOMPANY, Defendants.Case No. ADJ8075542(Van Nuys District Office)OPINION AND ORDERGRANTING PETITION FORRECONSIDERATIONAND DECISION AFTERRECONSIDERATION            Defendant seeks reconsideration of the May 1, 2014 Findings and A ward issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found that applicant sustained industrial injury to his left wrist and hand1 while employed as a phlebotomist from December 10, 2009 through December 10, 2010. The WCJ further found that the injury herein resulted in temporary disability from February 25, 2011 to and including May 22, 2011 “to include the Labor Code2 § 4650( d) [sic];” that agreed medical examiner (AME) Andrew Roth, M.D., “is to further determine whether the medical record supports additional temporary total disability for the period [January 11, 2011 to January 18, 2011] and again from [August 25, 2011 to July 13, 2013];” that “applicant is entitled to future medical care for the left hand and left wrist, including surgery as recommended by the AME consult [Kenneth Sabbag, M.D.];” and that “jurisdiction is reserved over temporary disability, permanent disability, apportionment, liability for self-procured [sic] and attorney fees.” Based on these findings, the WCJ awarded temporary disability indemnity from February 15, 2011 to May 22, 2011 “in addition to other periods to be determined by the AME Dr. Roth as requested in Finding #3” and awarded future medical treatment required to cure of relieve from the effects of the injury herein. 1 The April 2, 2014 Minutes of Hearing and Summary of Evidence (MOH/SOE) document that the parties stipulated to industrial injury to the body parts of left wrist, fingers, and shoulder. However, defendant does not dispute the WCJ’s finding of industrial injury to applicant’s hand which the WCJ

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