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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ6674320, ADJ4552593
Regular
Apr 23, 2018

KIMBERLY DE NOVA-JOY vs. SANTA PAULA ELEMENTARY SCHOOL DISTRICT, YORK RISK SERVICES GROUP

In *De Nova-Joy v. Santa Paula Elementary School District*, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a February 2, 2018 decision. The WCAB found reconsideration necessary to allow further study of the factual and legal issues to ensure a just decision. All future correspondence and filings related to the petition must be directed to the WCAB Commissioners in San Francisco, not district offices or e-filed via EAMS. Trial-level documents unrelated to the petition should continue to be e-filed, but proposed settlements require notification to the Appeals Board as a WCJ cannot act on them during reconsideration.

WCABPetition for ReconsiderationGrant of ReconsiderationSanta Paula Elementary School DistrictYork Risk Services GroupADJ6674320ADJ4552593San FranciscoEAMSAdministrative Director
References
1
Case No. ADJ4552593 (MON 0258406) ADJ6674320
Regular
Jun 21, 2011

KIMBERLY DeNOVA-JOY vs. SANTA PAULA ELEMENTARY SCHOOL DISTRICT, CIGA On Behalf of FREMONT INSURANCE COMPANY In Liquidation, As Administered By CAMBRIDGE INTERGRATED SERVICES

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, remanding the case for further proceedings. The Board found the WCJ failed to fully address apportionment, a mandated issue. Specifically, the WCJ neglected to consider apportionment of orthopedic and psychiatric disability as determined by AMEs, beyond the rheumatologist's opinion on fibromyalgia. The Board also noted that existing medical reports may be stale, necessitating potential new evaluations.

Workers' Compensation Appeals BoardReconsiderationApportionmentPermanent DisabilityFibromyalgiaCumulative TraumaMedical EvidenceExpert Medical OpinionOrthopedicsPsychiatry
References
3
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