Dk Enterprises, Inc. D.B.A. Kings Roofing & Zurich North American Insurance Company Carlos Espinoza WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACARLOS ESPINOZA, Applicant,vs.DK ENTERPRISES, INC. d.b.a. KINGS ROOFING & ZURICH NORTH AMERICAN INSURANCE COMPANY, Defendant(s).Case No. ADJ7321620OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the Findings and Award served on May 24, 2010, wherein the arbitrator found that applicant sustained industrial injury to his back, and to his psyche as a compensable consequence, on May 25, 2007, causing 22% permanent disability, effective September 1, 2009, and a need for medical treatment, as outlined in the September 7, 2009 report of Dr. Alberto Lopez. The arbitrator found that there is no additional period of temporary total psychiatric disability. Because permanent disability advances were not paid upon receipt of Dr Lopez’s September 7, 2009 report, the arbitrator increased past due permanent disability payments by 10%. Applicant contends the arbitrator failed to rule on issues raised at trial, including whether supplemental reports on psyche injury were admissible, whether supplemental reports on the underlying physical injury were necessary, and whether permanent disability should be increased based on Ogilvie v. City and County of San Francisco (2009) 74 Cal.Comp.Cascs 1127 (Appeals Board en banc) and Almaraz v. Environmental Recovery Services/Guzman v. Milpitas Unified School District (2009) 74 Cal. Comp. Cases 1084 (Appeals Board en banc). Applicant further contends that the arbitrator failed to state the evidence relied on and to specify the reasons for his opinion, and that the arbitrator failed to award a lull 25% increase under Labor Code section 5814 , for defendant’s failure to advance permanent disability indemnity. We have considered the Petition for Reconsideration and defendant’s Answer, and we have r
Carlos Espinoza vs. Dk Enterprises, Inc. D.b.a. Kings Roofing & Zurich North American Insurance Company
In this case, Carlos Espinoza sought reconsideration of a Findings and Award from the Workers' Compensation Appeals Board. The arbitrator found that Espinoza sustained industrial injury to his back and psyche, causing 22% permanent disability, effective September 1, 2009, and a need for medical treatment. The arbitrator increased past due permanent disability payments by 10%. The Workers' Compensation Appeals Board granted Espinoza's petition for reconsideration, amending the Findings and Award to increase the penalty amount under Labor Code section 5814 to 25%.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ7321620
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