Dennis Danzer vs. Trugreen Landcare; Zurich Insurance Group

In this case, Dennis Danzer, an employee of Trugreen Landcare, sought workers' compensation for an industrial injury to his right knee, back, right shoulder, and psyche that occurred on January 20, 2004. The workers' compensation administrative law judge found that Danzer was entitled to temporary disability indemnity from December 2, 2008 through November 14, 2010 and from May 2, 2012 through the present and continuing, less credit for amounts previously paid. The defendant, Zurich Insurance Group, sought reconsideration of the October 15, 2012 Findings & Award, but the petition was denied. Additionally, the date of May 2, 2010 in the Findings & Award was corrected to May 2, 2012.

Trugreen Landcare; Zurich Insurance Group Dennis Danzer WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADENNIS DANZER, Applicant, vs.    TRUGREEN LANDCARE; ZURICH INSURANCE GROUP, Defendants.Case Nos. ADJ1791091 (SBR 0328761), ADJ2299543 (SBR 0340954) (Anaheim District Office) OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION AND ORDER CORRECTING CLERICAL ERROR             Defendant seeks reconsideration of the October 15, 2012 Findings & Award, wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a truck driver on January 20, 2004, sustained industrial injury to his right knee, back, right shoulder, and psyche. The WCJ found that applicant was entitled to temporary disability indemnity from December 2, 2008 through November 14, 2010 and from “May 2, 2010” through the present and continuing, less credit for amounts previously paid. The WCJ also found that applicant’s attorney was entitled to reasonable attorney’s fees of 15% of the temporary disability indemnity awarded from December 2, 2008 through November 14, 2010 and from “May 2, 2010” through the date of the Findings & Award.            Defendant contends that the WCJ erred in (1) finding applicant temporarily disabled from December 2, 2008 through November 14, 2010; (2) finding defendant liable for temporary total disability benefits (as opposed to temporary partial disability benefits); (3) finding defendant liable for temporary disability benefits after January 20, 2009; and (4) finding applicant was entitled to temporary disability benefits from May 2, 2010 through the present. With respect to (4), both parties agree that the time periods at issue for temporary disability benefits were December 2, 2008 through November 14, 2010 and May 2, 2012 to the present, not May 2, 2010 to the present.            We have considered the Petition for Reconsideration (Petition) and applicant’s Answer to Petition for Reconsideration (Answer), and we have revi

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