GEORGE WILSON, Applicant,
v.
CENTINELA HOSPITAL MEDICAL CENTER, permissibly self-insured, adjusted by WEAR & WOOD Defendant(s).
Nos. LAO 0726063, LAO 0726064, LAO 0727783
California Workers Compensation Decisions
Workers’ Compensation Appeals Board State Of California
August 31, 1998
OPINION
AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER
RECONSIDERATION
DOUGLAS M. MOORE, JR.
Defendant,
Centinela Hospital Medical Center, seeks reconsideration of
the Arbitrator's Award dated June 8, 1998, wherein it was
found that applicant sustained an industrial injury on August
12, 1994 and June 6, 1995 to his back; that the determination
of the rehabilitation unit dated November 5, 1996 was proper
and supported by substantial evidence in light of the entire
record; and that applicant is a qualified injured worker
(QIW) . It was ordered that defendant provide applicant
rehabilitation services consistent with the determination of
the Rehabilitation Unit, dated November 5, 1996.
Defendant
contends that 1) the Arbitrator's Award should be vacated
because it is void and untimely under Labor Code section
5277; 2) the finding that applicant is QIW is not supported
by substantial medical evidence; 3) the permanent and
stationary report is tainted because it was ghost written by
the applicant's attorney in violation of Labor Code
section 4628; and 4) there was no jurisdiction to find
applicant was a QIW because Dr. Phillips, in part, denied an
injury.
Based
on our review of the record and for the reasons stated
herein, we will grant reconsideration, rescind the
arbitrator's decision and return this case to the trial
level for the presiding workers' compensation referee
(WCR) to either assign the case to a WCR for hearing, to
refer the case to another arbitrator, to allow the parties to
agree to another arbitrator, or to allow the parties to
resubmit the case to the same arbitrator.
The
record reflects that on January 9, 1998 the parties requested
and agreed to have this case heard before Steven Dewberry,
Arbitrator, on the sole issue of defendant's appeal of
the Determination of the Rehabilitation Unit, dated November...
