James Findlay vs. San Diego Unified School District, Permissibly Self-Insured; York Risk Services Group

In this case, the Workers' Compensation Appeals Board granted reconsideration of the decision of November 7, 2012, and affirmed the decision, except that it was amended to state that the lien claimant is entitled to interest, but not penalties, on any amounts that remained unpaid after the initial payment of $779.88 pursuant to Labor Code section 4603.2, in an amount to be adjusted between the parties, jurisdiction reserved. Interest pursuant to Labor Code section 4603.2 was also to be adjusted between the parties, jurisdiction reserved.

San Diego Unified School District, Permissibly Self-Insured; York Risk Services Group James Findlay WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAMES FINDLAY, Applicant,vs.SAN DIEGO UNIFIED SCHOOL DISTRICT,Permissibly Self-Insured; YORK RISKSERVICES GROUP, Defendants.Case No. ADJ104698 (SDO 0285383)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            We have considered the allegations of the petition for reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record and for the reasons stated in said report which we adopt and incorporate, we will grant reconsideration, amend the WCJ’s decision as recommended in his report, and otherwise affirm the decision of November 7, 2012.            For the foregoing reasons,IT IS ORDERED that reconsideration of the decision of November 7, 2012, be, and the same hereby is GRANTED. , IT IS FURTHER ORDERED that as the Decision After Reconsideration of the Workers’ Compensation Appeals Board, the decision of November 7, 2012, be, and the same hereby is, AFFIRMED, EXCEPT that it is AMENDED in the following particulars:[justify]       2. Lien claimant is entitled to interest, but not penalties, on any amounts that[/justify][justify]       remained unpaid after the initial payment of $779.88 pursuant to Labor Code section[/justify][justify]       4603.2, in an amount to be adjusted between the parties, jurisdiction reserved.[/justify][justify]       b. Interest pursuant to Labor Code section 4603.2, in an amount to be adjusted[/justify][justify]       between the parties, jurisdiction reserved.[/justify]WORKERS’ COMPENSATION APPEALS BOARD________________________________________DEIDRA E. LOWEI CONCUR,_______________________________________ALFONSO J. MORESI______________________________________RONNIE G. CAPLANEDATED AND FILED AT SAN FRANCISCO, CALIFORNIAFEB 01 2013SERVICE MADE ON THE ABO

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