Antonio Gonzales vs. San Diego Shutters Company, Inc.; York Claims Services

In this case, Antonio Gonzales was employed as a machine operator on January 22, 2008 and sustained an industrial injury to his spine. The Workers' Compensation Appeals Board granted reconsideration of the Findings and Award issued by a workers' compensation administrative law judge (WCJ) on March 25, 2010, wherein the WCJ found that applicant was entitled to temporary total disability from August 20, 2008 to the present and continuing. The Board rescinded the March 25, 2010 Findings and Award and returned the matter to the trial level for further proceedings and a new decision by the WCJ. The parties had agreed to settle all retroactive temporary disability and potential penalties for $13,000.00, with applicant's counsel receiving 15% attorney fees.

San Diego Shutters Company, Inc.; York Claims Services Antonio Gonzales WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANTONIO GONZALES, Applicant,vs.SAN DIEGO SHUTTERS COMPANY, INC.;YORK CLAIMS SERVICES, Defendant.Case No. ADJ4427273 (AHM 150950)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISIONAFTER RECONSIDERATION            Defendant seeks reconsideration of the Findings and Award issued by a workers’ compensation administrative law judge (WCJ) on March 25, 2010, wherein the WCJ found that applicant, while employed as a machine operator on January 22, 2008, sustained industrial injury to his spine. The WCJ also found that applicant is entitled to temporary total disability from August 20, 2008 to the present and continuing, less credit for any amount paid, and less 15% as attorney’s fees.            Defendant contends the WCJ erred in finding that it was liable for total temporary disability from August 20, 2008 to the present and continuing, arguing that the medical opinion of panel qualified medical examiner (QME), Larry A. Danzig, M.D., on which the WCJ relied, does not constitute substantial evidence because his opinions are vague and conclusory. Defendant argues that the WCJ should have relied on the medical reporting of applicant’s treating physician, Michael Esposito, M.D., who found applicant at maximal medical improvement (MMI) on August 20, 2008.            We have considered the petition for reconsideration and we have reviewed the record in this matter. No answer was received. The WCJ has filed a Report of Workers’ Compensation Administrative Law Judge on Petition for Reconsideration (Report), recommending that the , petition be denied. For the reasons discussed below, we will grant reconsideration, rescind the March 25, 2010 Findings and Award, and return the matter to the trial level for further proceedings and a new decision by the WCJ.            On April 19, 2010, defendant filed a petition for reconsideration of the March 25, 201

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