NORTHWEST AIRLINES, INC.; LIBERTY MUTUAL INSURANCE COMPANY, FRANCISCO BEJAR, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFRANCISCO BEJAR, Applicant,vs.NORTHWEST AIRLINES, INC.; LIBERTY MUTUAL INSURANCE COMPANY, Defendant(s).Case No. ADJ2582211 (MON 0334179)ADJ1970505 (MON 0334180)ADJ1139338 (MON 0334195)ADJ2350447 (MON 0334196)ADJ4166889 (MON 0334197)ADJ3264426 (MON 0349784)OPINION AND ORDERS GRANTING APPLICANT’S PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION AND DISMISSING DEFENDANT’S PETITION FOR RECONSIDERATION Applicant’s attorney, on his own behalf, and defendant seek reconsideration of the July 30, 2009 Findings and Award issued by a workers’ compensation administrative law judge (WCJ), wherein the WCJ found that applicant was entitled to temporary disability indemnity (TDI) from February 21, 2009 and continuing, pursuant to Labor Code section 4656, subdivision (b) which does not provide a limitation on temporary disability indemnity. At the June 15, 2009 trial, the parties stipulated to industrial injury to applicant’s back and neck on December 31, 2001 (ADJ2350447 (MON 0334196)), on March 6, 2003 (ADJ4166889 (MON 0334197)), on September 10, 2004 (ADJl139338 (MON 0334195)), during the period from July 29, 2001 through July 27, 2008 (ADJ2582211 (MON 0334179)), during the period from September 5, 2002 through September 10, 2004 (ADJ1970505 (MON0334180)), and the during the period from September 7, 2004 through March 7, 2005 (ADJ3264426 (MON 0349784)). The WCJ also allowed applicant’s attorney a fee in the amount of 15 percent of TDI paid for the period February 21, 2009 through June 15, 2009. , Applicant’s attorney seeks reconsideration contending that the WCJ erred in finding that his fee was limited to the period from February 29, 2009 through June 15, 2009 (the date of the trial). Applicant’s attorney argues that he is entitled to a 15 percent attorney fee for the period from February 21, 2009 to the date
Francisco Bejar, vs. Northwest Airlines, Inc.; Liberty Mutual Insurance Company,
This case is about a worker's compensation dispute between Northwest Airlines, Inc. and Liberty Mutual Insurance Company, and Francisco Bejar. Bejar was seeking temporary disability indemnity from February 21, 2009 and continuing, pursuant to Labor Code section 4656, subdivision (b). The parties stipulated to industrial injury to Bejar's back and neck on December 31, 2001, March 6, 2003, September 10, 2004, during the period from July 29, 2001 through July 27, 2008, during the period from September 5, 2002 through September 10, 2004, and during the period from September 7, 2004 through March 7, 2005. The Workers' Compensation Appeals Board granted Bejar's petition for reconsideration and affirmed the decision of the Workers' Compensation
- Filed On:
- Court: California, San Francisco
- Case No. ADJ2582211
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