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Case No. ADJ3023725 (STK 0186210), ADJ6853419

Regular

Mar 04, 2016

IGNACIO ROA vs. ROHRER BROTHERS/ GENERAL PRODUCE, FREMONT COMPENSATION INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK, XL SPECIALTY/ BROADSPIRE, STATE COMPENSATION INSURANCE FUND

This case involves a clerical error in the date of service for a Workers' Compensation Appeals Board decision. The Board's Opinion and Order Denying Petition for Reconsideration mistakenly listed the service date as March 3, 2016. The Appeals Board issued an order to correct this error, amending the service date to March 4, 2016. This correction was made without granting reconsideration, as such clerical errors can be rectified at any time.

WORKERS' COMPENSATION APPEALS BOARDClerical ErrorDate of ServiceOpinion and OrderReconsiderationAmended DateSupplemental ProceedingsLiquidated Insurance CompanyCalifornia Insurance Guarantee AssociationSedgwick

References

Case No. ADJ3023725 (STK 0186210) ADJ 6853419

Regular

Mar 03, 2016

IGNACIO ROA vs. ROHRER BROTHERS/GENERAL PRODUCE; FREMONT COMPENSATION INSURANCE COMPANY, in liquidation CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, administered by SEDGWICK; XL SPECIALTY/BROADSPIRE; STATE COMPENSATION INSURANCE FUND

This case concerns applicant Ignacio Roa's petition for reconsideration of a workers' compensation award finding 20% permanent disability for a right knee injury with 50% apportionment to nonindustrial factors. Roa also sought to establish an industrial injury to his left knee as a consequence of the right knee injury and a cumulative trauma injury to both knees, which the Workers' Compensation Appeals Board denied. The Board affirmed the judge's findings, relying on Dr. Henrichsen's opinion that Roa's left knee symptoms were due to the natural progression of prior surgery and wear, not industrial factors. A dissenting opinion argued for further medical development, finding persuasive evidence of industrial contribution to the left knee condition.

Workers' Compensation Appeals BoardIgnacio RoaRohrer BrothersFremont Compensation Insurance CompanyCIGAXL SpecialtyState Compensation Insurance Fundpermanent disabilityapportionmentnonindustrial factors

References

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IGNACIO ROA vs. ROHRER BROTHERS/ GENERAL PRODUCE, FREMONT COMPENSATION INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK, XL SPECIALTY/ BROADSPIRE, STATE COMPENSATION INSURANCE FUND

IGNACIO ROA vs. ROHRER BROTHERS/GENERAL PRODUCE; FREMONT COMPENSATION INSURANCE COMPANY, in liquidation CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, administered by SEDGWICK; XL SPECIALTY/BROADSPIRE; STATE COMPENSATION INSURANCE FUND