Jessie Sherrod vs. County Of Los Angeles, Permissibly Self-insured

In this case, the County of Los Angeles was found to be permissibly self-insured and the applicant, Jessie Sherrod, was found to be entitled to temporary total disability indemnity for the period of January 8, 1998 through November 30, 2011. The County was found to be entitled to credit for long-term disability payments made to the applicant during the same period. The court granted the applicant's petition for reconsideration and amended the decision to allow the applicant the temporary total disability indemnity rate provided in Labor Code section 4661.5.

County Of Los Angeles, Permissibly Self-Insured Jessie Sherrod WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJESSIE SHERROD, Applicant,vs.COUNTY OF LOS ANGELES, Permissibly Self-Insured, Defendant.Case No. ADJ3619852 (VNO 0395419) OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of the January 30, 2013 Supplemental Findings and Award of the workers’ compensation administrative law judge (WCJ) who found that applicant is entitled to temporary total disability indemnity for the period January 8, 1998 through November 30, 2011 at the rate of $490, less credit for sums previously paid, “and less credit for LTD [long term disability] payments made from 7/9/1998 through 11/20/2001…”            It is stipulated by the parties that applicant incurred industrial injury in the form of fibromyalgia, chronic fatigue syndrome and stress while employed by the County of Los Angeles (County) as a physician during the period January 7, 1997 to January 7, 1998, causing 75 1/2% permanent disability and need for future medical treatment.            Applicant contends that the WCJ erred in finding $490 per week as the applicable temporary disability indemnity rate instead of the rate provided in Labor Code section 4661.5.1            An answer was received from defendant, and the WCJ provided a Report of Workers’ Compensation Judge on Petition for Reconsideration (Report) recommending that reconsideration be denied./// 1 Further statutory references are to the Labor Code. ,             Reconsideration is granted. As our Decision After Reconsideration the WCJ’s decision is amended to allow applicant the temporary total disability indemnity rate provided in section 4661.5. Although defendant is entitled to credit for LTD payments made to applicant, section 4661.5 specifically refers to payment of “temporary total disability indemnity” and under that provision the additional temporary total disa

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