JUANA JUAREZ vs. PACIFIC HOTEL MANAGEMENT; TRAVELERS PROPERTY & CASUALTY COMPANY

This case involves a worker's compensation claim by Juana Juarez against Pacific Hotel Management and Travelers Property & Casualty Company. Juarez was employed as a housekeeper and sustained an admitted industrial injury to her back and psyche causing temporary disability from March 11, 2013 to the present and continuing. The Workers' Compensation Appeals Board granted reconsideration of the Findings and Award of October 10, 2013, rescinded the Findings and Award, and returned the matter to the WCJ for further development of the record and decision. The WCJ must determine if Juarez is temporarily partially disabled and if suitable work is available for her. The medical opinion must be based on a solid and reasonable basis and must include a discussion of how Juarez is temporarily partially

PACIFIC HOTEL MANAGEMENT; TRAVELERS PROPERTY & CASUALTY COMPANY JUANA JUAREZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJUANA JUAREZ, Applicant,vs.PACIFIC HOTEL MANAGEMENT;TRAVELERS PROPERTY & CASUALTYCOMPANY, Defendants.Case No. ADJ8314578(San Francisco District Office)OPINION AND ORDER GRANTINGRECONSIDERATION AND DECISIONAFTER RECONSIDERATION            Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Award of October 10, 2013, wherein it was found that, while employed as a housekeeper during a cumulative period ending on July 1, 2011, applicant sustained admitted industrial injury to her back and psyche causing temporary disability from March 11, 2013 to the present and continuing.            Defendant contends that the WCJ erred in finding that the applicant’s injury caused temporary disability from March 11, 2013 to the present and continuing. We have received an Answer and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report).            As explained below, we will grant reconsideration, rescind the Findings and Award of October 10, 2013, and return this matter to the WCJ for further development of the record and decision.            As the Supreme Court has stated:            “A ‘disability’ under the Work[ers’] Compensation Law connotes an inability to work. Where an employee has been temporarily disabled by an industrial injury, he is considered temporarily totally disabled if he is unable to earn any income during the period when he is recovering from the effects of the injury.” (Herrera v. Workmen’s Comp. Appeals Bd. (1969) 71 Cal.2d 254, 257 [34 Cal.Comp.Cases 382].) , The Court of Appeal has explained:            “An employee is considered temporarily partially disabled if he is able to earn some income during his healing period but not his full wages. In general, temporary disability indemnity is payable during the injured worker’s healing peri

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