Carolyn Hansen vs. State Of California Department of Corrections & Rehabilitation, lawfully Ult Vnsved, Administered By State Compensation Insurance Fund

The State of California Department of Corrections & Rehabilitation, Lawfully ULT vnsved, Administered by State Compensation Insurance Fund, was found to have not offered suitable regular, modified, or alternative work to Carolyn Hansen within sixty days of her becoming permanent and stationary. The Workers' Compensation Appeals Board granted reconsideration of the Supplementary Findings of Fact & Award issued by a workers’ compensation administrative law judge and rescinded the decision, returning the matter to the trial level for further development of the record on the issue of the section 4658(d)(2) or (d)(3)(A) increase or decrease.

State Of California Department Of Corrections & Rehabilitation, Lawfully Ult Vnsved, Administered By State Compensation Insurance Fund Carolyn Hansen WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACAROLYN HANSEN, Applicant,vs.STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION, Lawfully ULT vnsved, Administered By STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ2870719OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of a Supplementary Findings of Fact & Award issued by a workers’ compensation administrative law judge (WCJ) on June 21. 2010. In the decision, the WCJ found that, while employed as a ‘’Health Records Tech I* during a cumulative period from June 1, 2004 to December 27, 2006, applicant sustained an admitted industrial injury to her bilateral upper extremities, causing permanent disability of 28%. As relevant to the instant petition for reconsideration, the WCJ found that “Defendant … was not shown to have offered suitable regular, modified, or alternative work to Applicant Carolyn Hansen within sixty days of her becoming permanent and stationary on March 19. 2009.’ In light of that finding, the WCJ awarded a 15% increase in payments of permanent disability indemnity due after May 18. 2009. pursuant toI^abor Code section 4658(d)(2)1. which states: “If. within 60 days of a disability becoming permanent and stationary, an employer does not offer the injured employee regular work, modified work, or alternative work, in the form and manner prescribed by the administrative director, for a period of at least 12 months, each disability payment remaining to be paid to the injured employee from the date of the end of the 60-day period shall be paid in accordance with paragraph (1 ) and increased by 15 percent. 1 All further statutory references are to the Labor Code ,  This paragraph shall not apply to an employer that employs fewer than 50 employees.’*        

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