Irma Busane vs. Save Mart Supermarkets Permissibly Self-insured Administered By Pegasus Risk Management

This case involves a dispute between Irma Busane and Save Mart Supermarkets, who is permissibly self-insured and administered by Pegasus Risk Management. Busane was employed as a key carrier/cashier and sustained an industrial injury to her low back and psyche. The Workers' Compensation Appeals Board previously granted the defendant's Petition for Reconsideration to further study the factual and legal issues in this case. The Board affirmed the April 22, 2014 Amended Findings and Award, except that they amended the decision to reflect that the injury caused temporary partial disability from May 15, 2012 to July 2, 2012, and from August 31, 2012 to January 15, 2013. The Board also awarded Busane permanent partial disability in the amount of $23

SAVE MART SUPERMARKETS Permissibly Self-Insured Administered By PEGASUS RISK MANAGEMENT IRMA BUSANE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAIRMA BUSANE, Applicant,vs.SAVEMART SUPERMARKETS, PermissiblySelf-Insured, Administered By PEGASUS RISKMANAGEMENT, Defendants.Case No. ADJ8458574(Salinas District Office)OPINION AND DECISIONAFTER RECONSIDERATION            We previously granted defendant’s Petition for Reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Defendant sought reconsideration of the April 22, 2014 Amended Findings and· A ward issued by a workers’ compensation administrative law judge (WCJ), wherein the WCJ found that applicant’s injury caused temporary partial disability for the period December 21, 2011 through January 17, 2013. Previously, in the March 18, 2014 Findings and A ward, the WCJ found that applicant, while employed on or about April 7, 2011 as a key carrier/cashier, sustained industrial injury to her low back and psyche, causing 23% permanent disability, increased by 15% as of March 16, 2013, with no additional temporary disability.            Defendant contended that the WCJ erred in finding that applicant’s industrial injury caused temporary partial disability for the period December 21, 2011 through January 17, 2013, arguing that applicant was working full duty, not modified duty, at the time of her termination for cause. No Answer was received.            The WCJ provided a Report and Recommendation on Petition for Reconsideration (Report), recommending that the decision be amended to reflect that applicant’s injury caused temporary partial disability for the period from May 15, 2012 through January 15, 2013.            For the reasons set forth herein and in the WCJ’s Report, we will affirm the April 22, 2014 Amended Findings and Award, except that we will amend the decision to reflect that the injury caused , temporary partial disability fr

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