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Case No. ADJ2078638

Regular

Jun 07, 2010

Gloria Rivas vs. Posada Whittier/Berg Senior Services, Majestic Insurance Company

The applicant, Gloria Rivas, sought reconsideration of a prior Board decision that overturned a finding deferring determination on her psyche injury claim. The Board found the judge exceeded his authority by deferring the decision after the medical evidence presented was deemed not substantial. The applicant argued procedural errors related to trial scheduling, but the Board found the applicant stipulated to readiness for trial on the psyche injury issue, despite knowing her medical evidence was challenged as inadequate. Therefore, the Board denied reconsideration, reaffirming its decision to rule on the psyche injury claim based on the existing record.

Workers' Compensation Appeals BoardPetition for ReconsiderationOpinion and Order DenyingGloria RivasPosada WhittierMajestic Insurance CompanyADJ2078638LAO 0887310Opinion and Order Granting ReconsiderationDecision After Reconsideration

References

Case No. ADJ2078638 (LAO 0887310)

Regular

Mar 15, 2010

GLORIA RIVAS vs. POSADA WHITTIER/BERG SENIOR SERVICES, MAJESTIC INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to reverse a judge's decision to further develop the record on applicant Gloria Rivas' claim of psychological injury. The Board found that the applicant's psychiatric evidence lacked an adequate history, and she was put on notice of this deficiency prior to trial. Therefore, the Board determined she was not entitled to a second opportunity to supplement her case. Consequently, the Board amended the Findings and Award to find that the applicant did not sustain an industrial cumulative trauma injury to her psyche, while upholding the findings of injury to her bilateral upper extremities and neck.

cumulative traumabilateral upper extremitiesneck injurypsyche injuryhousekeepingindustrial injurymedical evidencesupplemental reportDeclaration of ReadinessMandatory Settlement Conference

References

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Gloria Rivas vs. Posada Whittier/Berg Senior Services, Majestic Insurance Company

GLORIA RIVAS vs. POSADA WHITTIER/BERG SENIOR SERVICES, MAJESTIC INSURANCE COMPANY

cumulative traumabilateral upper extremitiesneck injurypsyche injuryhousekeepingindustrial injurymedical evidencesupplemental reportDeclaration of ReadinessMandatory Settlement Conference