HENRY P. WEIGEL JR., vs. COUNTY OF SANTA BARBARA; COUNTY OF SANTA BARBARA RISK MANAGEMENT,

COUNTY OF SANTA BARBARA; COUNTY OF SANTA BARBARA RISK MANAGEMENT, HENRY P. WEIGEL JR., WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHENRY P. WEIGEL JR., Applicant,vs.COUNTY OF SANTA BARBARA; COUNTY OF SANTA BARBARA RISK MANAGEMENT, Defendant(s).Case No. ADJ3971871 (GRO 0033312)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the December 8, 2008 Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed on October 26, 2004, as a deputy sheriff, sustained industrial injury to his low back, psyche, pulmonary embolism, and to his gastrointestinal system as a compensable consequence. The WCJ found that applicant’s injury caused need for further medical treatment and 84% permanent disability, after apportionment of the psyche disability, and that there was no basis for apportionment with regard to the gastrointestinal disability or the back disability. The WCJ denied defendant’s claim for credit for overpayment of temporary disability indemnity. The permanent disability award was an interim award only, due to the parties’ stipulation to defer applicant’s challenge to the 2005 permanent disability rating schedule. The WCJ issued an Amended Findings and Award on December 16, 2008, and a 2nd Amended Findings and Award on December 17, 2008.            Defendant contends the WCJ erred in denying credit for defendant’s temporary disability indemnity overpayment against the permanent disability award, and in failing to find apportionment of applicant’s back disability. Defendant also sought clarification regarding withholding of attorney’s fees from temporary disability indemnity. ,             We have considered the Petition for Reconsideration and applicant’s Answer, and we have reviewed the record in this matter. The WCJ prepared a Report of Workers’ Compensation Administrative Law Judge on Petition for Reconsider

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.