City Of Chula Vista, permissibly self-insured, adjusted by Tristar Risk Management Donald Lumb WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADONALD LUMB, Applicant,vs.CITY OF CHULA VISTA, permissibly self-insured,adjusted by TRISTAR RISK MANAGMENT, Defendants.Case Nos. ADJ7878653ADJ7060658 (San Diego District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant City of Chula Vista seeks reconsideration of two Findings and Award (F&As) issued by a workers’ compensation administrative law judge (WCJ) on February 22, 2013. The WCJ found in pertinent part that defendant was not entitled to a credit against applicant Donald Lumb’s permanent disability indemnity in his cumulative trauma injury case (ADJ7878653) for overpayment of permanent disability indemnity in his specific injury case (ADJ7060658). Defendant contends in pertinent part that the WCJ erred because the amount claimed is small and allowing the credit will not cause a significant interruption in benefits. (See Maples v. Workers’ Comp. Appeals Bd. (1980) 111 Cal.App.3d 827 [45 Cal.Comp.Cases 1106] (Maples).) We received an Answer from applicant. We received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ in response to the Petition for Reconsideration which recommends that defendant’s petition be denied. We have reviewed the record and considered the allegations of the Petition for Reconsideration and the Answer and the contents of the Report. Based on our review of the record, for the reasons stated below, we will grant defendant’s petition, amend both F&As to find that defendant is entitled to a credit (ADJ7878653, Finding 4; ADJ7060658, Finding 7), otherwise affirm the F&As, and return the matter to the trial level. , FACTS The issue of whether defendant was entitled to a credit in the amount of $2,499.73 for overpayment of permanent disability indemnit
Donald Lumb vs. City Of Chula Vista, Permissibly Self-insured, Adjusted By Tristar Risk Management
is a case in which the City of Chula Vista, a permissibly self-insured entity, was adjusting a workers' compensation claim by Donald Lumb. The issue was whether the City was entitled to a credit against Lumb's permanent disability indemnity in his cumulative trauma injury case for overpayment of permanent disability indemnity in his specific injury case. The Workers' Compensation Appeals Board granted the City's petition for reconsideration and amended both Findings and Awards to find that the City was entitled to a credit for the overpayment of $2,499.73.
- Filed On:
- Court: California, San Diego
- Case No. ADJ7878653
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