Angela Moss vs. County Of Los Angeles, Permissibly Self-insured

In this case, the County of Los Angeles sought reconsideration of a July 14, 2010 Findings and Award issued by a workers' compensation administrative law judge (WCJ) wherein the WCJ found that the injury resulted in temporary disability from July 11, 2009 to and including April 21, 2010. The WCJ based her finding of new and further temporary disability on a July 6, 2009 agreed medical examination (AME) report of Jeffery Berman, M.D. The WCJ reasoned that the applicant suffered a new and further disability as of July 6, 2009, before the running of the five-year statute limitation. However, the Appeals Board found that the WCJ's decision was not based on substantial evidence and granted the petition for reconsideration

COUNTY OF LOS ANGELES, Permissibly Self-Insured ANGELA MOSS WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANGELA MOSS , Applicant,vs.COUNTY OF LOS ANGELES, Permissibly Self-Insured , Defendant(s).Case No. ADJ431421 (MON 0322351)OPINION AND ORDER GRANTING PETITION FORRECONSIDERATION; AND DECISION AFTER RECONSIDERATION            Defendant seeks reeonsideralion of the July 14, 2010 Findings and Award issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ found that the injury herein resulted in temporary disability from July 11, 2009 to and including April 21, 2010. Previously, a January 17, 2007 Findings and Award issued providing that applicant sustained industrial injury to her “cervical [and] lumbar areas.” right shoulder, and right knee while [ employed as a detention service officer on September 12, 2004 causing 41% permanent disability I and need further medical treatment. ^Thereafter, on January 15, 2009, applicant filed a timely i Petition 😮 Reopen alleging new and further disability. This mailer proceeded to trial on April 21, 2010 and resulted in the WCJ’s decision from which defendant seeks reconsideration herein.            Defendant contends that the WCJ erred in awarding temporary disability from July 11, 2009 to and including April 21, 2010. Defendant argues that the Appeals Board lacks jurisdiction to award temporary disability beyond five years from the date of injury when there is no continuous period of temporary’ disability beginning within the five year period and continuing through the date of the five year mark; ihai the WCJ’s decision is not supported by substantial evidence; and that, pursuant to Labor Code1 section 4656, applicant is not entitled to temporary disability because defendant paid section 4850 benefits to applicant lieu of temporary’ disability for two years. 1 All further statutory references are (o che Labor Code, unless otherwise noted. ,             Applicant filed an Answer, and the WC

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