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Case No. ADJ1972781

Regular

Sep 19, 2008

NOLBERTO COLMENEROS vs. GAMCO INDUSTRIES, STATE COMPENSATION INSURANCE FUND

The WCAB granted reconsideration and rescinded the WCJ's decision due to insufficient evidence in Dr. McKenna's medical opinion. The case is returned for further proceedings and a new decision.

Workers' Compensation Appeals BoardNolberto ColmenerosGamco IndustriesState Compensation Insurance FundIndustrial InjuryLow Back InjuryLeft Lower Extremity InjuryPsyche InjurySkin InjuryTemporary Disability

References

Case No. ADJ3770794 (MON 0325184)

Regular

KATHRYN MOSS vs. VIVENDI/UNIVERSAL (UNIVERSAL MUSIC GROUP), AMERICAN HOME ASSURANCE COMPANY, CHARTIS

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration, rescinded the previous Findings and Award, and returned the case for a new decision. The WCAB found that the original decision by the Workers' Compensation Judge (WCJ) failed to adequately reference specific evidence and failed to provide a sufficient basis for its findings on permanent disability and apportionment. Additionally, the WCAB determined that the attorney's fee award lacked proper explanation and calculation. The matter is to be returned to the WCJ to issue a new decision that fully complies with legal requirements, particularly Labor Code section 5313.

Workers' Compensation Appeals BoardFindings and AwardPetition for ReconsiderationIndustrial InjuryPermanent DisabilityApportionmentFibromyalgiaIrritable Bowel Syndrome (IBS)Skin DisorderNeurodermatitis

References

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NOLBERTO COLMENEROS vs. GAMCO INDUSTRIES, STATE COMPENSATION INSURANCE FUND

The WCAB granted reconsideration and rescinded the WCJ's decision due to insufficient evidence in Dr. McKenna's medical opinion. The case is returned for further proceedings and a new decision.

KATHRYN MOSS vs. VIVENDI/UNIVERSAL (UNIVERSAL MUSIC GROUP), AMERICAN HOME ASSURANCE COMPANY, CHARTIS