LOS ANGELES COUNTY/USC MEDICAL CENTER; TRISTAR RISK MANAGEMENT, BOBBIE JOHNSON, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABOBBIE JOHNSON, Applicant,VS.LOS ANGELES COUNTY/USC MEDICALCENTER; TRISTAR RISK MANAGEMENT, Defendants.Case No. ADJ3286001 (VNO 0487068)OPINION AND ORDER DENYING PETITION FOR VS. RECONSIDERATIONDefendant seeks reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Findings and Order of October 27, 2008, wherein the WCJ ordered that “Defendant is not entitled to a credit against permanent disability for overpayment of temporary disability indemnity paid from February 17, 2005 through December 14, 2007, in the total amount of $83,374.62.” In this matter, it was stipulated that, while employed as a patient resource worker during a cumulative period from February 2, 1989 to December 18, 2003, applicant sustained industrial injury to her neck and left upper extremity causing permanent disability of 47% and the need for further medical treatment. Defendant paid temporary disability indemnity to the applicant through December 14, 2007 based on the medical opinion of applicant’s primary treating physician, orthopedist Lytton Williams, M.D. Agreed medical evaluator orthopedist Jeffrey Berman, M.D., evaluated the applicant on November 30, 2006, and opined that applicant was permanent and stationary as of February 16, 2005. However, the parties were not provided with the report of Dr. Berman’s November 30, 2006 examination until December 2007. Upon receipt of Dr. Berman’s report, the defendant ceased payment of temporary disability indemnity. At trial, defendant sought credit for the temporary disability indemnity paid to the applicant from February 16, 2005, the date Dr. Berman opined the applicant was permanent and stationary, to December 14, 2007, the date of defendant’s final temporary disability indemnity payment./// , Defendant contends that the WCJ erred in not finding it entitled to any credit agains
Bobbie Johnson, vs. Los Angeles County/usc Medical Center; Tristar Risk Management,
(VNO 0487068) is a case in which the Los Angeles County/USC Medical Center and Tristar Risk Management sought reconsideration of a workers' compensation administrative law judge's ("WCJ") Findings and Order of October 27, 2008, wherein the WCJ ordered that the defendants were not entitled to a credit against permanent disability for overpayment of temporary disability indemnity paid from February 17, 2005 through December 14, 2007, in the total amount of $83,374.62. The Workers' Compensation Appeals Board denied the petition for reconsideration, finding that the WCJ properly exercised his discretion in finding that the defendants were not entitled to a credit, as the defendants had failed to properly and timely challenge the worker's entitlement
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ3286001
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