Safeway worker filed for workers' compensation in California

The Workers’ Compensation Appeals Board of California found substantial evidence that Safeway’s employee sustained injuries arising out of and in the course of employment (AOE/COE) to his knees, elbows, and wrists.

Safeway – defendant in the case of Kelly vs. Safeway, permissibly self-insured – hired the applicant. The applicant claimed workplace injuries to the cervical spine, thoracic spine, lumbar spine, bilateral knees, bilateral elbows, and bilateral wrists.

The neurological qualified medical evaluator (QME) found that the applicant sustained cumulative trauma injuries to these body parts. The doctor considered the applicant’s condition permanent and stationary. He provided whole person impairment ratings for the injured body parts.

Last October, the workers’ compensation administrative law judge issued an order finding injuries AOE/COE to the cervical spine, thoracic spine, lumbar spine, bilateral knees, bilateral elbows, and bilateral wrists.

The judge then held that butchers had the occupational code of 420. The judge ordered the parties to further develop the record to determine permanent disability for both knees. Safeway asked for reconsideration of the judge’s decision.

A panel of the Workers’ Compensation Appeals Board granted reconsideration and rescinded the judge’s order. The panel issued a new decision, which retained the finding of injuries AOE/COE to all the same body parts but found...

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