Judy Davis vs. Globe Miller Mortuary Kemper/lumbermens Insurance Gou4ryy; Administered By Gallagher Bassett Services

This case involves Judy Davis, an employee of Globe Miller Mortuary, who was injured in a motor vehicle accident in 2002. The defendant, Kemper/Lumbermens Insurance Company, petitioned for reconsideration of the findings of fact and orders issued by the workers' compensation administrative law judge (WCJ) in this case on June 29, 2018. The WCJ found that Judy Davis was entitled to be reimbursed for her out-of-pocket expense for a larger room at an assisted living facility than had been previously authorized by the defendant. After a commissioners' settlement conference, the parties agreed to enter into Stipulations resolving Judy Davis' claim for reimbursement of out-of-pocket expense for her room at an assisted living facility

Globe Miller Mortuary Kemper/Lumbermens Insurance Gou4Ryy; Administered By Gallagher Bassett Services Judy Davis WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJUDY DAVIS, Applicant,vs.GLOBE MILLER MORTUARY KEMPER/LUMBERMENS INSURANCE COMPANY; administered by GALLAGHER BASSETT SERVICES,Case No. ADJ1440421OPINION AND DECISION AFTER RECONSIDERATION            Defendant, Kemper/Lumbermens Insurance Company petitioned for reconsideration of theings of Fact and Orders issued by the workers* compensation administrative law judge (WCJ) in thiscase on June 29, 2018. In that decision, the WCJ found that applicant Judy Davis is entitled to be reimbursed for her out-of-pocket expense for a larger room at an assisted living facility than had beenpreviously authorized by defendant. It had been stipulated that applicant sustained injury to her brain and numerous other body parts in a motor vehicle accident on October 25. 2002, arising out of and in the course of her employment by Globe Miller Mortuary and causing need for further medical treatment and permanent total disability.            Defendant contends in its petition for reconsideration that the WCJ erred in finding that defendant is liable for applicant’s out-of-pocket medical expense for a room larger than what defendant had previously authorized.            Applicant filed an answer to the petition for reconsideration contending that the petition should be denied.            The WCJ issued a report on the petition for reconsideration recommending that defendant’s petition be denied. ,             We granted reconsideration to study the factual and legal issues in this matter.            Subsequently, at our request, applicant and defendant participated in a commissioners’ settlement conference and agreed to enter into Stipulations resolving applicant’s claim for reimbursement of out-of- pocket expense for her room at an assisted living facility.             The Stipulations were filed on January 21,2020.     

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