Rouseyrol

Rouseyrol v. Workers' Compensation Appeals Board

Good Law
1991 Cal. App. LEXIS 1170·234 Cal. App. 3d 1476·286 Cal. Rptr. 250·91 Daily Journal DAR 12608·56 Cal. Comp. Cases 624
Court of Appeal of CaliforniaOctober 8, 1991B050779California3,597 words

Opinion

Opinion

Lillie, J.

Applicant, Andre Rouseyrol, filed a petition for writ of review in which he contends respondent Workers’ Compensation Appeals Board (Board) erred in denying reconsideration of an order by the workers’ compensation judge (WCJ) denying applicant’s request that the employer provide attendant care. When applicant was hired by respondent Iskenderian Racing Cams, he was confined to a wheelchair as a result of polio and had limited use of his left shoulder and arm. An injury sustained in the course of his employment further weakened his left upper extremity. Respondent State Compensation Insurance Fund provided the employer with workers’ compensation insurance during the period of applicant’s industrial injury. Upon applicant’s petition, we issued a writ of review, and the Board has filed its return. We conclude the WCJ improperly denied applicant attendant care and the Board erred in denying reconsideration of the WCJ’s order.

Facts

Applicant was employed by Iskenderian Racing Cams from September 1960 to March 1985. His duties included providing information to customers by telephone. As a result of polio, applicant’s ability to use his right upper extremity was extremely…

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