Eric Haskins vs. Laidlaw Educational Services & Pennsylvania Insurance

In this case, Eric Haskins, an employee of Laidlaw Educational Services, was injured while working as a school bus driver on February 24, 2003. The defendant sought reconsideration of the May 14, 2007 Findings and Award, which found that the applicant was entitled to total temporary disability from May 8, 2006 to the present and continuing at the minimum rate of $445.62, and that he was entitled to further medical treatment. The defendant argued that the applicant was permanent and stationary due to his unsuccessful weight loss program, and that he was not entitled to retroactive temporary disability benefits. The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the case to the trial level for further development of

Laidlaw Educational Services And The Insurance Company Of The State Of Pennsylvania, Adjusted By Crawford & Company Eric Haskins WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAERIC HASKINS, Applicant,vs.LAIDLAW EDUCATIONAL SERVICES and the INSURANCE COMPANY of the STATE OF PENNSYLVANIA, Adjusted by CRAWFORD & COMPANY, Defendant(s).Case No. SFO 0467896OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant, Laidlaw Education Services, seeks reconsideration of the May 14. 2007 Findings’ and ^ward, wherein it was found, inter alia, that applicant, bom February 16, 1963, while employed on February 24, 2003 as a school bus driver, sustained industrial injury to his left knee; that the : injury caused total temporary disability from May 8, 2006 to the present and continuing at the minimum rate of $445.62; that applicant is entitled to further medical treatment, and that applicant’s1 attorney performed services entitling him to 15% of the temporary disability awarded. The WCj! deferred the issue of applicant’s temporary disability rate and applicant’s entitlement to temporary ! disability prior to August 8. 2006.            Defendant contends that 1) applicant is permanent and stationary pursuant to California,Code of Regulations, title 8, section 10152, because applicant’s condition has been stationary for a1 reasonable period of time insofar as applicant has been unsuccessful in a weight loss program; 2) applicant is permanent and stationary pursuant to Labor Code section 4056 because applicant has unreasonably refused medical treatment; and 3) applicant is not entitled to retroactive temporary disability benefits for the period of August 8, 2006 to the present and continuing because applicant’s disability was permanent and stationary on August 8.2006. ,             Based on our review of the record, and for the reasons stated herein, we will grantreconsideration, rescind the WCJ’s decision, and return the case to the

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