ADJ4304736 (LAO0882888)In this case, the Workers' Compensation Appeals Board granted reconsideration to delete the finding of injury to the right lower extremity and affirmed the August 22, 2012 Findings, Award and Order, except that the decision was amended to reflect that the right lower extremity was deleted from the finding of injury. The Board also denied a credit for overpayment of temporary disability benefits.

ENTERTAINMENT PARTNERS, et. al.; CHARTIS JOSE SILVA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE SILVA, Applicant,vs.ENTERTAINMENT PARTNERS, et. al.; CHARTIS, Defendants.Case Nos. ADJ712966 (LAO 0882887)ADJ4304736 (LAO 0882888)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Findings, Award and Order issued by a workers’ compensation administrative law judge (WCJ) on August 22, 2012, wherein the WCJ found that applicant, while employed as a handy person during the period from 2004 through June 22, 2007, sustained industrial injury to his psyche, lumbar spine, and right lower extremity, causing 24% permanent disability, and a need for further medical treatment. The parties stipulated that defendants paid temporary disability indemnity for the period from June 26, 2007 through July 3, 2009, at the rate of $230.00 per week. The WCJ did not allow defendant a credit for temporary disability overpayment.            Defendant contends that the WCJ erred in finding injury, to the right lower extremity, arguing that the WCJ’s finding of injury to the right lower extremity is contrary to the opinion of the agreed medical examiner (AME). Defendant also contends that it is entitled to credit for any overpayment of temporary disability indemnity paid in excess of the two-year cap pursuant to Labor Code section 4656.1            We have considered the Petition for Reconsideration and we have reviewed the record in this matter. Applicant filed an Answer. The WCJ has filed a Report and Recommendation on Petition for 1 Unless otherwise stated, all further statutory references are to the Labor Code. , Reconsideration (Report), recommending that the Petition be granted to delete the finding of injury to the right lower extremity and that the Petition otherwise be denied.            For the reasons set forth herein, we will grant reconsideration, and affirm the August 22, 2012 Findings, Award an

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.