STATE OF CALIFORNIA-BAKER CORPORATION; SCIF STATE EMPLOYEES RIVERSIDE, JOHN M. BACHA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOHN M. BACHA, Applicant,vs.STATE OF CALIFORNIA-BAKER CORPORATION; SCIF STATEEMPLOYEES RIVERSIDE, Defendant(s).Case No. ADJ1721901 (MON 0266838)OPINION AND ORDER GRANTING PETITIONS FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant and defendant both seek reconsideration of the Findings and Award of November 7, 2008, in which the workers’ compensation judge (WCJ) found, in relevant part, that applicant, while employed as a correctional officer during the period January 1, 1974 through October 23, 2003, sustained industrial injury’ to his head, jaw, neck, shoulders and arms, legs, nervous system stress, neurological system, and internal organs, causing temporary disability as follows: “80. 96, 80 and 162 hours of temporary disability for the years 2000, 2001, 2002, and 2003, respectively, as well as TDI for the period April 30, 2007 through June 11, 2007, payable at maximum rates.” In addition, the WCJ found that applicant became permanent and stationary (P&S) on September 18, 2002 but continued to work and/or received salary, continuation until December 31, 2004, that applicant’s injury caused permanent disability of 100% after apportionment, for which he is entitled to receive lifetime payments of indemnity payable at $840.00 per week “plus cost-of-living-adjustments payable beginning February 12, 2005,” and that applicant’s attorney is entitled to a fee of $64,120.22. In applicant’s petition, it is contended that the period of employment should be 26 December 30, 2004, not October 23, 2003, that the medical opinions of Dr. Angerman and Dr. Preston are not substantial evidence on the issue of apportionment, that the evidence justifies a , finding of total temporary disability (TTD) until December 3, 2004, that applicant is entitled to benefits under Labor Code section 4850 for the period O
John M. Bacha, vs. State Of California-baker Corporation; Scif State Employees Riverside,
This case involves a dispute between the State of California-Baker Corporation and SCIF State Employees Riverside and John M. Bacha, the applicant. Bacha sought workers' compensation for injuries sustained while employed as a correctional officer from January 1, 1974 to October 23, 2003. The Workers' Compensation Appeals Board granted the petitions for reconsideration and rescinded the Findings and Award of November 7, 2008. The matter was returned to the trial level for further proceedings and a new decision on all issues by the WCJ. The WCJ was also instructed to address the contention of Bacha's attorney that he is entitled to a higher fee.
- Filed On:
- Court: California, San Diego
- Case No. ADJ1721901
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