ADJ3845798

In this case, the Workers’ Compensation Appeals Board denied the defendant’s petition for reconsideration of the October 19, 2010 Findings of Fact & Award of the workers’ compensation administrative law judge. The WCJ found that the applicant had incurred an industrial injury to her back and psyche while employed as a physical therapist on June 30, 2000, causing total permanent disability and need for future medical treatment. The WCJ’s decision was based on the analysis of the Supreme Court as expressed in LeBoeuf v. Workers’ Comp. Appeals Bd. (1983) 34 Cal.3d 234 [48 Cal.Comp.Cases 587] (LeBoeuf) to conclude that the applicant was permanently totally disabled by her industrial injury because

(SFO 0465253) is a case in which April Edsberg, an applicant, claimed to have incurred industrial injury to her back and psyche while employed as a physical therapist on June 30, 2000, causing total permanent disability and need for future medical treatment. The Workers’ Compensation Appeals Board granted defendant’s petition for reconsideration and rescinded the November 12, 2008 Findings and Award of the workers’ compensation administrative law judge. The case was returned to the trial level for development of the record and a new decision by the WCJ that addresses the question of whether applicant would be totally permanently disabled even in the absence of the non-industrial sources of her permanent disability. The WCJ must determine the extent to which applicant’s industrial injuries cause

In the case of April Edsberg vs. Kaiser Foundation Hospitals, the Workers’ Compensation Appeals Board granted the defendant’s petition for reconsideration in order to allow for further study of the factual and legal issues in the case. All further correspondence, objections, motions, requests and communications were to be filed with the Workers’ Compensation Appeals Board. The decision was dated and filed at San Francisco, California on January 30, 2009 and service was made by mail on the same date to the persons listed on the current official address record.