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.Case Nos. ADJ4088637 (RIV 0053165)ADJ622123 (RIV 0068585)OPINION AND ORDERS DENYING APPLICANT’S PETITION FOR RECONSIDERATION GRANTING DEFENDANT’S PETITION FOR RECONSIDERATION, AND DECISION AFTER RECONSIDERATION Applicant and defendant each seek reconsideration of the December 8, 2010 Amended Joint Findings and Award of the workers’ compensation administrative law judge (WCJ) who found that applicant was entitled to temporary disability indemnity at the weekly rate of $986.69 for the periods January 23, 2003 through May 17, 2004, and January 23, 2006 through March 29, 2007, plus interest, and less credit for periods of time defendant paid benefits pursuant to Labor Code section 4850 and permanent disability indemnity advances, with 15% of retroactive benefits to be withheld and paid as fees to applicant’s attorney.1 The WCJ further found that applicant was entitled to total permanent disability indemnity commencing March 30, 2007, at the temporary disability indemnity rate for life with a reasonable “SAWW” adjustment of 4.7%.2 The WCJ 1 Further statutory references are to the Labor Code. Section 4850 generally provides that certain industrially disabled safety employees, like applicant, receive “a leave of absence while so disabled without loss of salary in lieu of temporary disability payments.. .but not exceeding one year…”2 “SAWW” refers to “state average weekly wage” as described in section 4659(c), which provides in pertinent part as follows: “For injuries occurring on or after January 1, 2003, an employee who becomes entitled to receive a life pension… shall have that payment increased annually commencing on January 1, 2004, and each January 1 thereafter, by an amount equal to the percentage increase in the ‘state average weekly wage’ as
James B. Ott vs. City Of Anaheim, Permissibly Self-insured
In this case, the City of Anaheim and James B. Ott were both seeking reconsideration of the December 8, 2010 Amended Joint Findings and Award of the workers' compensation administrative law judge. The WCJ found that Ott was entitled to temporary disability indemnity at the weekly rate of $986.69 for the periods January 23, 2003 through May 17, 2004, and January 23, 2006 through March 29, 2007, plus interest, and less credit for periods of time defendant paid benefits pursuant to Labor Code section 4850 and permanent disability indemnity advances, with 15% of retroactive benefits to be withheld and paid as fees to applicant's attorney. The WCJ also found that Ott was entitled to total permanent disability indemnity commencing March
- Filed On:
- Court: California, Riverside
- Case No. ADJ4088637
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