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Manuela Berrios, Applicant v. Kellermeyer Bergensons Services, Inc.; Zurich American Insurance Company, administered by Gallagher Bassett Services, Inc., Defendants

California Workers Compensation Decisions
Aug 12, 2021
ADJ11228590 (Cal. W.C.A.B. Aug. 12, 2021)

Opinion


MANUELA BERRIOS, Applicant v. KELLERMEYER BERGENSONS SERVICES, INC.; ZURICH AMERICAN INSURANCE COMPANY, administered by GALLAGHER BASSETT SERVICES, INC., Defendants No. ADJ11228590 California Workers Compensation Decisions Workers’ Compensation Appeals Board State of California August 12, 2021

          Van Nuys District Office

         OPINION AND ORDER GRANTING PETITIONS FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION

          JOSé H. RAZO, COMMISSIONER

         Defendant and lien claimant Dental Trauma Center each seek reconsideration of the May 24, 2021 Findings of Fact and Order issued by the workers’ compensation administrative law judge (WCJ). We have considered the allegations of the Petitions for Reconsideration and the contents of the reports of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and based on the recommendation in the WCJ’s June 28, 2021 Report, we will grant reconsideration, rescind the May 24, 2021 Findings of Fact and Order, and return this matter to the WCJ for further proceedings and a new decision on all issues in the first instance. This is not a final decision on the merits of any issues raised in the petitions and any aggrieved party may timely seek reconsideration of the WCJ’s new decision.

         For the foregoing reasons,

         IT IS ORDERED that reconsideration of the May 24, 2021 Findings of Fact and Order is GRANTED.

         IT IS FURTHER ORDERED as the Decision After Reconsideration of the Workers’ Compensation Appeals Board that the May 24, 2021 Findings of Fact and Order is RESCINDED and that the matter is RETURNED to the trial level for further proceedings and decision by the WCJ.

         WORKERS’ COMPENSATION APPEALS BOARD

          I CONCUR, CRAIG SNELLINGS, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

         SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.

         MANUELA BERRIOS

         WACHTEL LAW

         LAW OFFICES OF SAAM AHMADINIA, APC

         THE DENTAL TRAUMA CENTER

         BARRAGAN & SATZMAN, LLP

         DARRELL BURNSTEIN, M.D.


Summaries of

Manuela Berrios, Applicant v. Kellermeyer Bergensons Services, Inc.; Zurich American Insurance Company, administered by Gallagher Bassett Services, Inc., Defendants

California Workers Compensation Decisions
Aug 12, 2021
ADJ11228590 (Cal. W.C.A.B. Aug. 12, 2021)
Case details for

Manuela Berrios, Applicant v. Kellermeyer Bergensons Services, Inc.; Zurich American Insurance Company, administered by Gallagher Bassett Services, Inc., Defendants

Case Details

Full title:MANUELA BERRIOS, Applicant v. KELLERMEYER BERGENSONS SERVICES, INC.…

Court:California Workers Compensation Decisions

Date published: Aug 12, 2021

Citations

ADJ11228590 (Cal. W.C.A.B. Aug. 12, 2021)