Carlos Rojas vs. Ogletree’s; State Compensation Insurance Fund

In this case, Carlos Rojas, an employee, sustained an industrial injury to his cervical spine, right shoulder, and right arm on May 16, 2004. On July 6, 2006, the defendant, Ogletree's State Compensation Insurance Fund, sent notice to the applicant that his temporary disability payments were terminated as of July 3, 2006. The case came on for an expedited hearing on August 18, 2006, and the Workers' Compensation Appeals Board affirmed the Findings and Order dated August 24, 2006, finding that the defendant was liable for additional temporary disability indemnity from July 4, 2006 through August 30, 2006 and that the defendant had not overpaid temporary disability.

Ogletree’S; State Compensation Insurance Fund Carlos Rojas WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACARLOS ROJAS, Applicant,vs.OGLETREE’S; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. SRO 0135117OPINION AND DECISION AFTER RECONSIDERATION            On November 13, 2006 we granted defendant’s petition for reconsideration of the Findings and Order dated August 24, 2006 in order to allow sufficient opportunity to further study the factual and legal issues in this case. This is our decision after reconsideration.1            Applicant, while employed on May 16, 2004, sustained an industrial injury to his cervical spine, nght shoulder and right arm. On May 12, 2006 he underwent surgery to his right shoulder. As of July 19, 2006 he was temporarily totally disabled (Applicant’s Exhibit 1).            On July 6, 2006 defendant sent notice to applicant that his temporary disability payments were terminated as of July 3, 2006 pursuant to Labor Code section 4656(c)(1)2 and that defendant claimed credit for overpayment from June 29, 2006 through July 3, 2006. On July 31, 2006 applicant filed a Declaration of Readiness to Proceed requesting an expedited hearing on the issue of entitlement to temporary disability.            The case come on for expedited hearing on August 18, 2006. Defendant submitted a printout of benefits (see WCAB Rule 10607 (Cal. Code Regs., tit. 8, § 10607)) showing that its first payment of temporary disability indemnity issued on August 31, 2004 for July I, 2004 through August 24. 2004 (Defendant’s Exhibit C). The case was submitted for decision without testimony. 1 After granting reconsideration, this matter had to be re-assigned to a new Appeals Board panelist since prior panelist. Commissioner Merle Rabinc. was no longer sitting as a Commissioner.2 Unless otherwise specified, all statutory references are to the Labor Code. ,             On August 24, 2006 the workers’ compensation administrative law judge (WCJ) issued a Findings a

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