Karen Clark (deceased) Jefrey J. Clark (dependent) vs. Airborne Express/dhl, And American Manufacturer’s Insurance Company/sedgwick Claims Management Services

In this case, Karen Clark, an employee of Airborne Express/DHL, sustained an injury on May 18, 1996. She died on February 5, 2010 as a result of a Fentanyl overdose. The applicant, Jeffrey J. Clark, argued that the death was a compensable consequence of the May 18, 1996 injury. The Workers' Compensation Appeals Board granted reconsideration and amended the March 29, 2011 Findings and Order to clarify that Karen Clark died as a result of a Fentanyl overdose and that the applicant asserted that her death was a compensable consequence of her May 18, 1996 industrial injury.

Airborne Express/DHL, and American Manufacturer’s Insurance Company/Sedgwick Claims Management Services Karen Clark (Deceased) Jefrey J. Clark (Dependent) WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA KAREN CLARK (Deceased) JEFFREY J. CLARK(Dependent), Applicant,vs.AIRBORNE EXPRESS/DHL, and AMERICAN MANUFACTURER’S INSURANCE COMPANY/SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendant(s).Case No. ADJ1707650 (SAL 0075628)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of the March 29, 2011 Findings and Order, wherein the workers’ compensation administrative law judge (WCJ) found that the Application for Adjudication of Claim (Death Case) was barred by the provisions of Labor Code section 5406.            Applicant contends that the WCJ erred in finding that the application was barred, arguing that compensable consequence injuries are treated as new injuries for statute of limitation purposes and that applicant’s date of knowledge that decedent’s death was industrial should be deemed applicant’s date of injury.            We have considered the petition for reconsideration, and we have reviewed the record in this matter. We have received an answer from defendant. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be granted to amend the decision to clarify that applicant died as a result of a Fentanyl overdose and that applicant asserts that Ms. Clark’s death was a compensable consequence of her May 18, 1996 industrial injury.            For the reasons discussed by the WCJ in his report, which we adopt and incorporate by , reference, we will grant reconsideration and amend the March 29, 2011 Findings and Order.            For the foregoing reasons,            IT IS ORDERED that applicant’s Petition for Reconsideration of the March 29, 2011 Findings and Order is GRANTED.            IT IS FURTHER ORDERED, as the Decision Afte

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