MANUEL GOMEZ vs. FACILITIES SUPPORT SERVICES COMPWEST INSURANCE COMPANY

FACILITIES SUPPORT SERVICES COMPWEST INSURANCE COMPANY MANUEL GOMEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMANUEL GOMEZ, Applicant,vs.FACILITIES SUPPORT SERVICES;COMPWEST INSURANCE COMPANY, DefendantsCase No. ADJ290453    (Los Angeles District Office)OPINION AND    ORDERS DENYING DEFENDANT’SPETITION FOR    RECONSIDERATION, GRANTINGAPPLICANT’S PETITION FORRECONSIDERATION AND DECISIONAFTER RECONSIDERATION            Applicant and defendant each seek reconsideration of the January 16, 2014 Findings, Award And Order of the workers’ compensation administrative law judge (WCJ) who found that “applicant is in need of medical treatment for his right knee consisting of post-surgical physical therapy, provision of a cane, Diclofenac Flex Plus 10%/10%/10%, Norco 10/325 mg #120, and Restoril 15 mg #30” as requested by Kevin Pelton, M.D. on March 13, 2013. The WCJ further found that the request for medical treatment of the left knee, “was communicated to defendant on or after July 2, 2013 and, therefore, must be addressed through the independent medical review process.” The WCJ also found that applicant’s claim of new and further disability is not barred by estoppel, res judicata or the statute of limitations, but that permanent disability indemnity for injury to the gastrointestinal system is barred by the doctrines of estoppel and res judicata, and that the record requires development concerning applicant’s claim of gastrointestinal injury.            It was earlier stipulated on July 6, 2011, that applicant sustained industrial injury to both knees, his back and psyche while working for defendant as a driver on May 22, 2007, causing 45% permanent disability and need for future medical treatment./ / // / // / / ,             Applicant contends that the WCJ erred in finding that the request for medical treatment of the left knee must be addressed through the independent medical review (IMR) process.1            Defendant contends that the findings regarding g

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