AMERICAN RED CROSS permissibly self-insured EUWANDA SEXTON WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEUWANDA SEXTON, Applicant,vs.AMERICAN RED CROSS, permissibly self-insured, Defendants.Case No. ADJ7000759(Oxnard District Office)OPINION AND DECISIONAFTERRECONSIDERATION We earlier granted defendant’s petition for reconsideration of the October 31, 2013 Findings And Award of the workers’ compensation administrative law judge (WCJ) who found that applicant sustained industrial injury to her bilateral wrists while employed by defendant as a family services supervisor during the cumulative period ending August 22, 2005, causing 41% permanent disability and need for future medical treatment. The WCJ also awarded defendant $4,730.08 in credit for its duplicate overpayments of temporary disability indemnity, but did not allow the additional $19,764.64 credit sought by defendant for its overpayment of temporary disability indemnity beyond 104 weeks. Defendant contends that the award of 41% permanent disability is not supported by substantial evidence and that the WCJ should have allowed additional credit. An answer was received from applicant. The WCJ provided a Report and Recommendation on Petition for Reconsideration (Report) recommending that reconsideration be denied. We have carefully reviewed defendant’s petition, applicant’s answer, and the record in this case. For the reasons expressed by the WCJ in his Report, which is incorporated herein by this reference, and for the reasons below, we affirm the WCJ’s October 31, 2013 Findings And Award as our Decision After Reconsideration./ / // / / , DISCUSSION In his Report the WCJ explains that he relied upon the reporting of applicant’s vocational expert Frank Diaz to find that applicant incurred 46% permanent disability as a result of the admitted industrial injury to her wrists. Defendant argues in its petition that the reporting of Mr. Diaz is not subs
EUWANDA SEXTON vs. AMERICAN RED CROSS Permissibly Self-insured
In this case, the American Red Cross permissibly self-insured EUWANDA SEXTON, who was employed by the American Red Cross as a family services supervisor. Sexton sustained an industrial injury to her bilateral wrists during the cumulative period ending August 22, 2005, causing 41% permanent disability and need for future medical treatment. The Workers' Compensation Appeals Board affirmed the October 31, 2013 Findings and Award of the workers' compensation administrative law judge, which found that Sexton sustained the injury and awarded the American Red Cross $4,730.08 in credit for its duplicate overpayments of temporary disability indemnity, but did not allow the additional $19,764.64 credit sought by the American Red Cross for
- Filed On:
- Court: California, Oxnard
- Case No. ADJ7000759
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