News and Insights

Rodolfo Plascencia (deceased), Teresa Plascencia (widow) vs. Los Angeles Dodgers; Ace Usa, Administered By Sedgwick Claims Management Services

Los Angeles Dodgers; ACE USA, administered by Sedgwick Claims Management Services Rodolfo Plascencia (Deceased), Teresa Plascencia (Widow) WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARODOLFO PLASCENCIA (Deceased)TERESA PLASCENCIA (Widow), Applicant,vs.LOS ANGELES DODGERS; ACE USA, administered by SEDGWICK CLAIMSMANAGEMENT SERVICES, Defendant(s).RANCHO LOS AMIGOS MEDICAL CENTER, Lien claimant.Case No. ADJ4213823 (AHM 014404)OPINION AND ORDER DENYING RECONSIDERAITION            Lien claimant Rancho Los Amigos Medical Center seeks reconsideration of our earlier June 2, 2010 Opinion and Decision After Reconsideration (Decision), which is incorporated by this reference, wherein we rescinded and reversed the January 19, 2010 Findings and Award of the workers’ compensation administrative law judge and found that the provision of workers’ compensation benefits in this case is barred by Labor Code section 3600(a)(4) because the weight of the evidence show’s that applicant’s intoxication was a material and substantial cause of the fall that caused injury to his neck.1            Lien claimant contends that we should have found from the record that benefits are not 1 Further statutory references are to the Labor Code. Section 3600(a)(4) allows for the provision of workers’ compensation benefits, in pertinent part, only: “Where the injury is not caused by the intoxication, by alcohol or the unlawful use of a controlled substance, of the injured employee.” , barred by section 3600(a)(4), and that we should have allowed the lien claim.            We have carefully re-reviewed the entire record and have further considered the reasoning in our earlier June 2, 2010 Decision. Wc addressed the evidence in the record in our earlier Decision, and we find no good cause to consider evidence that is not in the record as urged by lien claimant in its petition.2 The Decision was based upon the applicable law and the weight of the evidence in light of the entire record, as discusse

SUBSCRIBE NOW

Join our community and never miss an update. Stay connected with cutting-edge insights and valuable resources.

Recent Article

Recent Article

Leave a Comment

Your email address will not be published. Required fields are marked *