FEDERATED DEPARTMENT STORES FEDERATED CLAIMS SERVICE GROUP/MACY’S CORPORATE SERVICES Chuck Chan WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHUCK CHAN, Applicant,vs.FEDERATED DEPARTMENT STORES; FEDERATED CLAIMS SERVICEGROUP/MACY’S CORPORATE SERVICES, Defendants.Case No. ADJ3440562 (MON 0229610)(Marina del Rey District Office)ORDER DENYING PETITION FORRECONSIDERATION Applicant seeks reconsideration of the October 31, 2013 Findings and Award wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed from December 1995 through September 9, 1997, sustained an industrial injury to his cervical spine, left shoulder, right shoulder left elbow and psyche that caused 20% permanent disability after apportionment. The WCJ also found that applicant is entitled to temporary disability indemnity from September 9, 1997 through May 10, 1998, and from March 19, 1999 through April 20, 2000, less credit for time worked, indemnity paid, short- and long-term benefits paid by the employer, and benefits paid by the Employment Development Department. The WCJ also found that defendant is entitled to a credit for benefits paid to applicant pursuant to the employer’s short-term and long-term, disability program. (Finding of Fact No. 14.) Applicant contends that the WCJ erred in finding 20% permanent disability, arguing that the WCJ’s finding of apportionment is contrary to the WCJ’s finding that applicant’s testimony was credible. Applicant also contends that the WCJ erred in finding that defendants are entitled to a credit against short- and long-term disability benefits, arguing that defendants paid no such benefits and applicant received benefits from a policy purchased privately. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), , recommending that the Petition
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