Eric Garcia vs. American Installations, Inc.; California Insurance Guarantee Association By Sedgwick Claims Management Service For Legion Insurance Company, In Liquidation

This case involves a dispute between Eric Garcia, the applicant, and American Installations, Inc., California Insurance Guarantee Association by Sedgwick Claims Management Service for Legion Insurance Company, in liquidation, the defendants. The applicant claims that he incurred industrial injury to his bilateral wrists, bilateral elbows, and psyche during the period December 22, 1999 to December 22, 2000 while working for the defendant as an installer, causing a period of temporary total disability, 30% permanent disability after apportionment, and a need for future medical treatment. The defendant seeks reconsideration of the April 28, 2010 Amended Findings and Award of the Workers' Compensation Administrative Law Judge, which found that the applicant's condition became permanent and stationary on April 22, 2004,

American Installations, Inc.; California Insurance Guarantee Association by Sedgwick Claims Management Service for Legion Insurance Company, in liquidation Eric Garcia WORKERS’ COMPENSATION APPEALS BOARD2 STATE OF CALIFORNIAERIC GARCIA, Applicant,vs.AMERICAN INSTALLATIONS. INC CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by SEDGWICK CLAIMS MANAGEMENT SERVICE for LEGION INSURANCE COMPANY, in liquidation. Defendants.Case Nos. ADJ1909446; ADJ4442303; ADJ2457010; ADJ6752055OPINION AND ORDERS DISMISSING APPLICANT S PETITION FOR RECONSIDERATION, GRANTING DEFENDANT S PETITION FOR RECONSIDERATIONAND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the April 28, 2010 Amended Findings and Award of the Workers’ Compensation Administrative Law Judge (WCJ) who found that applicant incurred industrial injury to his bilateral wrists, bilateral elbows and psyche during the period December 22, | 1999 to December 22, 2000, while working for defendant as an installer, causing a period of ! • temporary total disability, 30% permanent disability after apportionment and a need for future 11 jyjedical treatment. ‘Hie WCJ also found that applicant’s condition became permanent and stationary on April 22, 2004, but denied defendant credit for overpayment of temporary disability ¡i indemnity made after that date.            Defendant contends that it should have been allowed credit for temporary}’ total disability indemnity it paid applicant for the periods April 22, 2004 to April 1, 2005 and July 23, 2005 to April 8, 2006, which were made before the parties’ psychiatric Agreed Medical Examiner (AME) John Stalberg, M.D., first opined during his December 14, 2006 deposition that applicant’s psychiatric condition became permanent and stationary on April 22, 2004, the date applicant’s , orthopedic condition became permanent and stationary according to the parties’ orthopedic AME, Roger Sohn. M-D.Applicant filed an answer to defendant’s petition.            We grant

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