George S. Henderson has issued the following Press Release:
On March 19, 2009 Division 4 of California’s Second District Court of Appeal filed its Opinion and Decision rescinding the WCAB’s decision in Joel Grimaldo vs. WCAB. The Court’s decision also reinstated the ruling of the Hon. Cynthia Quiel in the Long Beach division of California’s WCAB.
Judge Quiel held that the injured worker’s pre-existing, undiagnosed diabetes was aggravated, or lit up by an industrial injury to his left foot. Thus the ensuing problems with wound-healing which resulted in amputation of Mr. Grimaldo’s left leg just below the knee also were to be considered industrial injuries according Judge Quiel’s decision. The import of this decision was that the injured worker could depend on the insurance carrier for the employer to pay benefits for all disability resulting from the diabetic condition as aggravated by the industrial injury. The benefits to be paid would necessarily include compensation for future medical care related to the diabetes as aggravated by industrial injury.
The employer and its carrier Petitioned the WCAB appellate department for Reconsideration, which was granted. Then Attorney George S. Henderson for the injured worker, filed a Petition for Writ of Review of the WCAB’s decision with California’s Second District Court of Appeal. The Second District Court of Appeal not only issued the Writ of Review, but also rescinded the WCAB’s decision and reinstated Judge Quiel’s decision.
See website for California Courts of Appeal
Attorney George S. Henderson