Jose Alberto Martinez vs. Amy's Kitchen: Liquidation Updates

In this case, Jose Alberto Martinez was employed by Amy's Kitchen and CIGA and sustained an industrial injury to his back. The Workers' Compensation Appeals Board granted reconsideration and corrected a clerical error in the temporary disability award. The Board also amended the findings and awards relating to permanent disability and attorney's fees, and found that CIGA was liable for 56 percent permanent disability, less the amount paid pursuant to the prior award. The Board also found that no apportionment was warranted for a prior injury sustained at Vacu-Dry.

Amy’s Kitchen and CIGA,adjusted by intercare for Paula Insurance,now in liquidation, Jose Alberto Martinez WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIAOSE ALBERTO MARTINEZ, Applicant,vs. AMY’S KITCHEN and CIGA, adjusted by Intercare for Paula Insurance, now inliquidation,Defendant(s).Case Nos. ADJ2886265 (SRO 0100345)ADJ578550 (SRO 0141469)OPINION AND ORDER GRANTING PETITIONS FOR RECONSIDERATION ANDDECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of the April 6, 2010 Findings, Award and Orders in ADJ2886265 (SRO 0100345) and the April 6, 2010 Findings, Award and Order in ADJ578550SRO 0141469).            In ADJ2886265 (SRO 0100345), the workers’ compensation administrative law judge(WCJ) found that applicant, while employed as a production line worker on June 27, 1997, byInsurance Guarantee Association (CIGA), sustained industrial injury to his back, and that the injuryl has caused new and further disability. The WCJ found that the injury caused 39 percent permanent disability after apportionment and need for further medical treatment. He found applicant’s[ attorney entitled to a fee of S2,072.00, from the award of additional permanent disability indemnity, and a fee of 15 percent of the additional temporary disability indemnity obtained as aresult of the Stipulations and Orders filed on August 23, 2005, and October 19, 2005, “in an: amount to be withheld by the defendant pending further order of the Appeals Board.” The lien claims of Joe Estrada and RS Medical, and the issues of costs for Dr. Mark Shelub’s deposition and applicant’s deposition transcript invoice were deferred pending further development of the record. ,             In ADJ578550 (SRO 0141469), the WCJ found that applicant, while employed during thecumulative period through October 14, 2002, by Amy’s Kitchen, insured by Connecticut Indemnity Insurance from October 14, 2001, through December 1, 2001, and by Majestic Insurance Company (Majestic) from December 1

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