Loma Linda University Medical Center; Permissibly Self-Insured, Alicia Gil, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALICIA GIL,Applicant,vs.LOMA LINDA UNIVERSITY MEDICAL CENTER; Permissibly Self-Insured,Defendants.Case No. ADJ9746778(Riverside District Office)OPINION AND DECISION AFTER RECONSIDERATION We granted reconsideration in this matter to provide an opportunity to further study the legal and factual issues raised by the Petitions for Reconsideration filed by applicant and defendant. Having completed our review, we now issue our Decision After Reconsideration. Applicant, Alicia Gil, and defendant, Loma Linda University Medical Center, permissibly self- insured, seek reconsideration of the Findings and Award, issued June 7, 2016, in which a workers’ compensation administrative law judge (WCJ) found applicant sustained an industrial injury to her back, shoulder and trunk on April 30, 2014, while employed as a Clinical Nurse-RN. The WCJ found applicant is not yet permanent and stationary and has been temporarily disabled from December 29, 2015 to present and continuing. Applicant was awarded temporary disability indemnity at the weekly rate of $821.28, based upon earnings of $1,231.93 per week, with credit to defendant for any time worked and for benefits paid. Applicant’s attorney was awarded a fee equivalent to 15% of the unpaid temporary disability benefits. Defendant contests the finding of injury to the back, shoulder and trunk, contending only issues of earnings, temporary disability and permanent and stationary date were raised for adjudication, and that the issue of injury to these disputed body parts was not raised. Defendant also contests the finding that applicant is temporarily totally disabled, arguing that the medical evidence establishes that she reached permanent and stationary status as of August 18, 2015, and she was capable of returning to her regular , duties, having accepted an offer of regul
Alicia Gil, vs. Loma Linda University Medical Center; Permissibly Self-insured,
is a case involving Loma Linda University Medical Center and Alicia Gil. Gil was injured while employed as a Clinical Nurse-RN and was awarded temporary disability indemnity at the weekly rate of $821.28, based upon her earnings as of the date of injury. Gil argued that her temporary disability rate should be $930.48 per week, based upon her earning capacity demonstrated by two cost of living raises she received while performing modified work after her injury, that increased her hourly wage from $34.42 to $38.77, and a weekly earnings rate of $1,395.72. The Workers' Compensation Appeals Board ultimately amended the Findings and Award to award temporary disability benefits at the weekly rate of $930.48, based
- Filed On:
- Court: California, Riverside
- Case No. ADJ9746778
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