James B. Ott vs. City Of Anaheim, Permissibly Self-insured

In this case, the City of Anaheim was found to be permissibly self-insured and the applicant, James B. Ott, filed a Petition to Correct Clerical Error, contending that there was a clerical error in the Opinion and Decision after Reconsideration dated October 21, 2009, wherein temporary total disability indemnity was awarded commencing January 23, 2004. The WCJ had previously awarded temporary disability indemnity commencing January 23, 2003. After review of the WCAB file, the WCAB concluded that the finding that temporary disability commenced January 23, 2004, was indeed a clerical error and corrected it to provide that temporary disability began January 23, 2003.

City of Anaheim, Permissibly Self-Insured James B. Ott WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAMES B. OTT, Applicant,vs.CITY OF ANAHEIM, Permissibly Self-Insured, Defendant(s).Case No. ADJ4088637 (RIV 0053165),ADJ622123 (RIV 0068585)OPINION AND ORDER CORRECTING CLERICAL ERROR            Applicant has filed a Petition to Correct Clerical Error, contending that there is a clerical error in our Opinion and Decision after Reconsideration dated October 21, 2009, wherein we awarded temporary total disability indemnity commencing January 23, 2004 (page 7). Applicant contends that the correct commencement date is January 23, 2003.            In case number ADJ622123, the workers’ compensation administrative law judge (WCJ) issued an Amended Findings and Award dated December 3, 2008, wherein he awarded, inter alia, temporary disability indemnity commencing January 23, 2003. He affirmed the commencement date in his Amended Opinion on Decision, page 2.            Defendant filed a petition for reconsideration. One of defendant’s contentions was that temporary disability indemnity should not have been awarded after applicant’s service retirement on July 9, 2004. Defendant did not claim to be aggrieved by the commencement date of January 23,2003.            In our Opinion and Decision after Reconsideration, we did not address the commencement date of temporary disability indemnity. Nonetheless, in Joint Finding of Fact 3, we found that applicant was entitled to temporary disability beginning January 23, 2004. ,             After review of the WCAB file, we conclude that the finding that temporary disability commenced January 23, 2004, was indeed a clerical error. Therefore, we correct it.1            For the foregoing reasons, and GOOD CAUSE APPEARING,            IT IS ORDERED that Joint Findings of Fact No. 3 of the Opinion and Decision after Reconsideration dated October 21, 2009, is CORRECTED to provide: “The applicant is entitled to temporary disability be

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