Christopher Ocon (deceased); Judy Wolfe; John Manuel Ocon vs. Dal Pino Quality Pools; Arch insurance Companies,

In this case, Dal Pino Quality Pools and Arch Insurance Companies (defendant) sought reconsideration of a June 8, 2010 Amended Findings and Award and Order issued by a workers' compensation administrative law judge (WCJ). The WCJ found that Christopher Ocon (deceased) sustained an industrial injury to his back and legs while employed on June 14, 2005, and that defendant paid temporary disability benefits and permanent disability advances. The WCJ also found that Donald Ansel, M.D., indicated during an October 14, 2009 deposition that the injury caused 31% permanent disability after adjustment for age and occupation. The WCJ awarded applicant permanent disability indemnity, payable at the rate of $230.00 per week

Dal Pino Quality Pools; Arch Insurance Companies, Christopher Ocon (Deceased); Judy Wolfe; John Manuel Ocon WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHRISTOPHER OCON (Deceased); JUDY WOLFE; JOHN MANUEL OCON, Applicants,vs.DAL PINO QUALITY POOLS; ARCH INSURANCE COMPANIES, Defendant(s).Case No. ADJ3437037OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the June 8. 2010 Amended Findings and Award and Order issued by the workers’ compensation administrative law judge (WCJ) wherein lhe WCJ found, based on the parties’ prior stipulations, that applicant, while employed on June 14, 2005, sustained industrial injury to his back and legs; that defendant paid temporary disability benefits from June 15, 2005 through June 28, 2005, from June 29, 2006 through February 21, 2007, and from May 16, 2007 through June 22, 2007; that defendant paid permanent disability advances from June 23, 2007 through July 10, 2007; that applicant died intestate on November 23, 2009, survived by his parents (applicants); and that before applicant’s death, agreed medical examiner Donald Ansel. M.D., indicated during an October 14, 2009 deposition that the injury* herein caused 31% permanent disability after adjustment for age and occupation. In addition, the WCJ made the following relevant Findings:            f “5. On July 17, 2007, defendant estimated that applicant’s injury would result in permanent disability with a total value of $565.72. Defendant issued applicant a check in that amount cither on or before July 17,2007. “6. On March 13, 2008, applicant underwent a two-level surgery on his lumbar spine. The surgery did not result in any further permanent disability advances by defendant. ,  “7.Donald Ansel, MD., was an agreed medical examiner in this case. On June 12, 2009, Dr. .Ansel estimated applicant would have whole person impairment of 70% for a nerve disorder, and 13% for lost motor function. This d

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