REDWOOD CHRISTIAN SCHOOLS EMPLOYERS COMPENSATION INSURANCE COMPANY FIDEL PALACIOS WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFIDEL PALACIOS, Applicant,vs.REDWOOD CHRISTIAN SCHOOLS;EMPLOYERS COMPENSATIONINSURANCE COMPANY, Defendants.Case Nos. ADJ6995655ADJ7412732(San Francisco District Office)OPINION AND ORDERDISMISSING PETITION FORRECONSIDERATION By way of a Petition for Reconsideration filed on March 17, 2014, applicant seeks reconsideration of the February 4, 2014 Joint Findings of Fact/Award issued by the by the workers’ compensation administrative law judge (WCJ). The WCJ found that applicant, while employed as a custodian for Redwood Christian Schools, sustained injury arising out of and in the course of employment as follows: (1) on July 20, 2009, to his neck, back, shoulders, psyche, and sleep disorder in ADJ6995655, causing permanent disability of 76%, worth $142,897.50 and payable at $230.00 per week beginning on October 12, 2011, entitling applicant to a life pension of $123.69 per week1, payable at the end of the weekly permanent disability payments (less an attorney’s fee of $31,200.00), and causing the need for further medical treatment; and (2) during the cumulative period ending on October 18, 2009, to his shoulders and wrists in ADJ7412732, causing permanent disability of 13%, worth $9,779.50 and payable at $230.00 per week beginning on October 12, 2011 (less an attorney’s fee of $1,960.00), and causing the need for medical treatment. The WCJ also determined that applicant did not sustain injury in the form of an aggravation to his hypertension, diabetes, sexual dysfunction, or prostate problems as a compensable consequence of his industrial injuries. 1 In both cases, the weekly permanent disability payments made more than 60 days afte- October 12, 2011, are increased by 15% pursuant to Labor Code section 4658(d)(2). , Applicant’s contends: (1) the WCJ erred in awarding a fee to applicant’s attorney in the amount of
Fidel Palacios vs. Redwood Christian Schools Employers Compensation Insurance Company
ADJ7412732This case involves a Petition for Reconsideration filed by Fidel Palacios against Redwood Christian Schools and Employers Compensation Insurance Company. Palacios was employed as a custodian for Redwood Christian Schools and sustained injury to his neck, back, shoulders, psyche, and sleep disorder on July 20, 2009, and to his shoulders and wrists during the cumulative period ending on October 18, 2009. The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration as untimely and noted that there was a clerical error in the dollar amount of permanent disability in ADJ7412732. The Board also noted that Palacios was still within the time limit to file a Petition to Reopen.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ6995655
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