State of California Department of Corrections and Rehabilitation, legally uninsured, administered by State Compensation Insurance Fund/State Contract Services Dennis Avila WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIADENNIS AVILA, Applicantvs.STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, legally uninsured, administered by STATE COMPENSATIONINSURANCE FUND/STATE CONTRACT SERVICES, DefendantsAdjudication Number: ADJ11242837 Van Nuys District OfficeOPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award, issued by the workers’ compensation administrative law judge (WCJ) on November 9, 2020, wherein the WCJ found in pertinent part that applicant’s injury caused periods of temporary total disability including the period from July 7, 2020, to the present and continuing. Defendant contends that the trial record does not contain evidence that supports a finding that applicant was temporarily totally disabled for the period from July 7, 2020, to the present and continuing. We received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ recommending the Petition be denied. We received an Answer from applicant. We have considered the allegations in the Petition for Reconsideration (Petition) and the Answer, and the contents of the Report. Based on our review of the record, and for the reasons discussed below, we will grant reconsideration, rescind the F&A, and return the matter to the WCJ for further proceedings consistent with this opinion and to issue a new decision from which any aggrieved person may timely seek reconsideration.BACKGROUND Applicant claimed injury to his cervical spine, lumbar spine, right upper extremity, bilateral lower extremities including both hips, and in the form of a sleep disorder, while employed by , defendant as a corrections officer during
Dennis Avila vs. State Of California Department Of Corrections And Rehabilitation, Legally Uninsured, Administered By State Compensation Insurance Fund/State Contract Services
This case is about the State of California Department of Corrections and Rehabilitation, which is legally uninsured and administered by the State Compensation Insurance Fund/State Contract Services. Dennis Avila, the applicant, claimed injury to his cervical spine, lumbar spine, right upper extremity, bilateral lower extremities including both hips, and in the form of a sleep disorder, while employed by the defendant. The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration, rescinded the Findings and Award, and returned the matter to the WCJ for further proceedings. The Board recommended that the parties develop the record so that it contains substantial evidence to support a determination of the applicant's disability status.
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ11242837
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.