Cal Coast Construction, Aig Claim Services Delbert Perine WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADELBERT PERINE, Applicant,vs.CAL COAST CONSTRUCTION, AIG CLAIM SERVICES, Defendants.Case Nos. VNO 0501757OPINION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the Findings and Award of the workers’ compensation administrative law judge (WCJ) that issued on August 9, 2006. In that decision, the WCJ found, inter alia, that applicant sustained industrial injury to his right knee on April 16. 2003. that resulted in temporary total disability from April 16. 2003 through May 6. 2003. no permanent disability, and there was no need for funher medical treatment. Applicant contends, in essence, that the WCJ failed to comply with Labor Code section 5313 and erred with respect to his findings of no permanent disability, no need for medical treatment and by failing to award ongoing temporary disability indemnity. Applicant also asserts that the WCJ erred in failing to find industrial injury to his left knee and back. Applicant asserts that the medical record should be further developed as to body parts injured and need for further medical treatment. Defendant has filed an answer to the petition in support of the WCJ’s decision. We granted reconsideration of the WCJ’s decision in order to obtain a report and recommendation from the WCJ pursuant to WCAB Rule 10860.1 The report has been received in which the WCJ recommends that applicant’s petition be denied for reasons given in the report. 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. , Based on our review of the record, the WCJ’s report, and the contentions of respective I parties, we will affirm the decision of August 9, 2006 for the following reasons. The matter was tried on March 6, 2006 and March
Delbert Perine vs. Cal Coast Construction, Aig Claim Services
In this case, Delbert Perine, the applicant, sought reconsideration of the Findings and Award of the workers' compensation administrative law judge (WCJ) that issued on August 9, 2006. The WCJ found that Perine sustained industrial injury to his right knee on April 16, 2003, resulting in temporary total disability from April 16, 2003 through May 6, 2003, with no permanent disability and no need for further medical treatment. Perine contended that the WCJ failed to comply with Labor Code section 5313 and erred with respect to his findings of no permanent disability, no need for medical treatment, and by failing to award ongoing temporary disability indemnity. After granting reconsideration, the Workers' Compensation Appeals Board affirmed the
- Filed On:
- Court: California, Van Nuys
- Case No. VNO0501757
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