Perez Farms & Associates; State Compensation Insurance Fund Jorge Alvarez WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJORGE ALVAREZ, Applicant,vs.PEREZ FARMS & ASSOCIATES; STATE COMPENSATION INSURANCE FUND, Defendant,Case No. ADJ2977853 (SRO 0128753)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the July 21, 2010 Opinion and Order Granting Reconsideration and Decision After Reconsideration, wherein we followed the recommendation of the workers’ compensation administrative law judge (WCJ) and amended the WCJ’s May 18, 2010 Findings, Award, and Order to find that the reasonable value of applicant’s counsel services is S55,182.00, and to award “from the life pension, an attorney fee of $35,500.00 to be commuted from the weekly life pension when >t begins to be paid resulting in the life pension rate of $198.20 •o be reduced to the weekly amount of SI38.03 after the werkt/ commutation.” We otherw-i.se affirmed the WCJ’s finding that applicant, while employed as a field laborer on September 12, 2003, sustained industrial injury to his back, spine, left shoulder, and psyche, causing 86 percent permanent disability after apportionment and need for further medical treatment. * Defendant contends w-e erred in our finding that the life pension rate is $198.20, reduced to the weekly amount of $138.03 after the weekly commutation, arguing that no explanation was offered for this calculation and that there is no justification for the annual cost of living adjustments (COLA) on which it is based. We have considered the Petition for Reconsideration and applicant’s Answer, and we have reviewed the record in this matter. , For the reasons discussed below, we will grant defendant’s petition for reconsideration, amend the decision to defer the calculation of the life pension and the attorney’s fees for the life pension, and return the matter to the trial level fo
Jorge Alvarez vs. Perez Farms: Workers' Compensation Case Overview
In this case, Jorge Alvarez, an employee of Perez Farms & Associates, sustained an industrial injury to his back, spine, left shoulder, and psyche on September 12, 2003, causing 86 percent permanent disability after apportionment and need for further medical treatment. The Workers' Compensation Appeals Board granted defendant's petition for reconsideration, amended the decision to defer the calculation of the life pension and the attorney's fees for the life pension, and returned the matter to the trial level for further proceedings and decision. The Board also affirmed the finding that the reasonable value of applicant's counsel services is $19,682.00, with an attorney fee of $19,682.00 to be commuted from the far end of the Award if necessary.
- Filed On:
- Court: California, Santa Rosa
- Case No. ADJ2977853
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