Remax; State Compensation Insurance Fund Gisela Curiel WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGISELA CUR1EL, Applicant,vs.REMAX; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ3581423OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATIONDefendant seeks reconsideration of the Findings and Award of May 24. 2010. in which the workers’ compensation judge (WCJ) found, in relevant part, that applicant, “while employed on March 2, 2003 as an independent real estate agent,*’ sustained industrial injury to her left foot and ankle, resulting in the amputation of applicant’s left third toe, that applicant’s average weekly earnings were SI.576.92 based upon her “commissions and other income in 2004,“ that applicant is entitled to temporary disability from March 2, 2003 to January 27, 2004 at the rate of $916.33 per week, that “applicant’s injury pursuant to stipulation became permanent and stationaiy [PJfcSj on June 4, 21104.” that the injury resulted in permanent disability of 11% after apportionment, and that applicant is entitled to furtlicr medical treatment and self-procured medical treatment. Pursuant to these findings, the WCJ issued an Award against the City of Los Angelo. Defendant contends, in substance, that “the award is against the wrong defendant,” that applicant is not entitled to workers’ compensation benefits for an injury sustained during voluntary recreational activity, and that lhe findings on wages and temporary’ disability are not justified by the evidence. Applicant filed an answer. , Based on our review of Ihe record, we find various unresolved issues which require clarification and resolution by the parties and the WCJ. Therefore, we will grant reconsideration, rescind the WCJ’s decision, and return this mutter to the trial level for further proceedings and new decision by the WCJ. In our prior decision of October 24.2008. pp. 4-5. we noted that the issu
Gisela Curiel vs. Remax; State Compensation insurance Fund
This case is about Gisela Curiel, an independent real estate agent, who was injured on March 2, 2003 while employed by Remax. The Workers' Compensation Appeals Board granted reconsideration of the Findings and Award of May 24, 2010, and rescinded the decision, returning the matter to the trial level for further proceedings and a new decision by the WCJ. The WCJ must revisit the case to determine whether Curiel was an employee of Remax on the date of the injury, and if so, whether the injury arose out of and occurred in the course of her employment. The WCJ must also revisit the issue of temporary disability and wages.
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ3581423
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