STUDIO MANAGEMENT SERVICES, INC.; ZENITH INSURANCE COMPANY; US FIRE INSURANCE COMPANY, Administered by CRUM & FORSTER EDWARD BONILLAS WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEDWARD BONILLAS, Applicant,vs.STUDIO MANAGEMENT SERVICES, INC.; ZENITH INSURANCE COMPANY; US FIREINSURANCE COMPANY, Administered by CRUM & FORSTER, Defendants.Case Nos. ADJ2423224 (MON 0355228)ADJ4514058 (MON 0355229)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Defendant, Zenith Insurance Company, on behalf of its insured, Studio Management Services, seeks reconsideration of the Joint Findings and Award, issued ‘September 17, 2012, in which a workers’ compensation administrative law judge (WCJ) found applicant, Edward Bonillas, sustained an industrial cumulative trauma injury to his lumbar spine and psyche over the period July 2004 to October 14, 2006, while employed as an HVAC installer. The WCJ found that as a result of his injury, applicant was temporarily disabled from October 14, 2006 to June 1, 2010, and sustained 66% permanent disability, and a need for further medical treatment. Applicant was awarded temporary disability, permanent disability benefits increased by 15% pursuant to Labor Code section 4658(d), further medical treatment, and reimbursement for self-procured medical treatment, less attorney fees to be commuted from the far end of the award. Defendant filed its petition for reconsideration to obtain clarification regarding an issue raised at trial, but not addressed in the WCJ’s Joint Findings and Award, as to the lien of the Employment Development Department (EDD). Defendant notes that the WCJ disallowed EDD’s lien for temporary disability payments made between November 25, 2008 to May 10, 2009, after defendant paid a 104 weeks of temporary disability indemnity. Defendant questions whether EDD should be paid at the permanent disability rate and whether defendant would need to subtract the amounts owed to EDD f
EDWARD BONILLAS vs. STUDIO MANAGEMENT SERVICES, INC.; ZENITH INSURANCE COMPANY; US FIRE INSURANCE COMPANY, Administered By CRUM & FORSTER
and ADJ4514058 (MON 0355229) is a case in which defendant, Zenith Insurance Company, on behalf of its insured, Studio Management Services, sought reconsideration of the Joint Findings and Award issued on September 17, 2012. The WCJ found that applicant, Edward Bonillas, sustained an industrial cumulative trauma injury to his lumbar spine and psyche over the period July 2004 to October 14, 2006, while employed as an HVAC installer. The WCJ found that as a result of his injury, applicant was temporarily disabled from October 14, 2006 to June 1, 2010, and sustained 66% permanent disability, and a need for further medical treatment. The WCJ failed to make a determination on the l
- Filed On:
- Court: California, San Francisco
- Case No. ADJ2423224
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