Home/Case Law/JEANETTE LEBLANC vs. LUMONICS CORPORATION, MITSUI SUMITOMO MARINE MANAGEMENT
Regular DecisionReconsideration

JEANETTE LEBLANC vs. LUMONICS CORPORATION, MITSUI SUMITOMO MARINE MANAGEMENT

Filed: Apr 30, 2012
ADJ4639861 (LAO 0771268)

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The Workers' Compensation Appeals Board granted reconsideration to address the defendant's challenge to the awarded period of temporary disability. The original award found the applicant continuously temporarily disabled from August 27, 1998, to October 29, 2007. However, the Board noted the Agreed Medical Examiner indicated the applicant reached permanent and stationary status at various times during this period. Consequently, the Board deferred the determination of the temporary disability period, remanding it to the WCJ to specifically identify and award indemnity for periods of actual temporary disability supported by medical evidence. The determination of the Employment Development Department's lien was also deferred pending this resolution.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to address the defendant's challenge to the awarded period of temporary disability. The original award found the applicant continuously temporarily disabled from August 27, 1998, to October 29, 2007. However, the Board noted the Agreed Medical Examiner indicated the applicant reached permanent and stationary status at various times during this period. Consequently, the Board deferred the determination of the temporary disability period, remanding it to the WCJ to specifically identify and award indemnity for periods of actual temporary disability supported by medical evidence. The determination of the Employment Development Department's lien was also deferred pending this resolution.

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