LOS ANGELES AND COUNTY HEALTH DEPARTMENT ERLINDA NORMAN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAERLINDA NORMAN, Applicant,vs.LOS ANGELES AND COUNTY HEALTH DEPARTMENT, Defendant.Case No. ADJ1180912 (ANA 0395704)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Applicant seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Award of July 13, 2012, wherein it was found that, while employed as a senior typist during a cumulative period ending on December 18, 2005, applicant sustained industrial injury to her hands and wrists causing permanent disability of 30%. In the decision, the WCJ found that applicant’s condition was permanent and stationary as of August 1, 2008. The parties stipulated that applicant was paid temporary disability indemnity corresponding to the period August 30, 2007 to March 2, 2009. In the Findings and Award, the WCJ found that defendant was entitled to a credit towards its permanent disability indemnity liability of all of its payments of temporary disability indemnity corresponding to periods after the August 1, 2008 permanent and stationary date. Applicant contends that the WCJ erred in finding defendant entitled to a credit towards its permanent disability indemnity liability of its post August 1, 2008 temporary disability indemnity payments. We have received an answer from defendant, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration. As explained below, we will grant reconsideration and amend the Findings and Award of July 13, 2012 to reflect that defendant is only entitled to a credit for temporary disability indemnity paid after January 6, 2009. , Applicant was declared temporarily totally disabled by her treating physician, and was continued on temporary disability in status reports issued on November 27, 2007, March 5, 2008, July 16, 2008, September 5, 2008, and October 1, 2008.1
ERLINDA NORMAN vs. LOS ANGELES AND COUNTY HEALTH DEPARTMENT
This case involves a worker, Erlinda Norman, who was employed as a senior typist and sustained industrial injury to her hands and wrists causing permanent disability of 30%. The Los Angeles and County Health Department was found to be liable for the injury and was ordered to pay temporary disability indemnity. The Department requested a credit for all payments of temporary disability indemnity corresponding to periods after the August 1, 2008 permanent and stationary date. The Workers' Compensation Appeals Board granted reconsideration and amended the Findings and Award to reflect that the Department was only entitled to a credit for temporary disability indemnity paid after January 6, 2009.
- Filed On:
- Court: California, Santa Ana
- Case No. ADJ1180912
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