Beckman Coulter; Old Republic; American Home Assurance; American Motorist, Liberty Mutual Fire Insurance Co. Alan Gianoli WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALAN GIANOLI, Applicant,vs.BECKMAN COULTER; OLD REPUBLIC; AMERICAN HOME ASSURANCE; AMERICAN MOTORIST, LIBERTY MUTUAL FIRE INSURANCE CO., Defendants.Case Nos. ADJ3258318 (SFO 0474069) ADJ700135 (SFO 0474070)ADJ1322782 (SFO 0492868) ADJ538807 (SFO 0492869)ADJ2536792 (SFO 0474071)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant, Alan Gianoli, seeks reconsideration of the Findings and Award, issued May 11, 2011, in which a workers’ compensation administrative law judge (WCJ) found, in six separate cases, that applicant sustained specific and cumulative trauma injuries to his back, including most recent injury on July 8, 2003 and cumulatively over the period ending July 8, 2003, while employed as an engineering technician by Beckman Coulter. The WCJ found applicant sustained temporary total disability from July 8, 2003 through March 19, 2004, for which applicant was fully compensated, and permanent disability of 57%. In a separate Findings and Award, applicant was found to have sustained 5% permanent disability for a cumulative trauma injury to his back through August 2004. In both determinations, the WCJ held applicant was not entitled to additional temporary disability from his last day of work until he was determined to be permanent and stationary. Applicant contends the WCJ erred in finding he was not entitled to additional temporary disability indemnity for the period between his lay-off and when the Agreed Medical Examiner (AME) found him to be permanent and stationary. Applicant argues the WCJ erred in concluding he was not entitled to temporary disability for the period following his termination because he had retired and was not seeking employment. Defendant has filed an answer to applicant’s petition arguing applic
Menu
