County Of Fresno, Permissibly Self- Insured, Administered By York Insurance Services Group, Inc., Julian Arvizu WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJULIAN ARVIZU, Applicant,vs.COUNTY OF FRESNO, permissibly self- insured, administered by YORK INSURANCE SERVICES GROUP, INC., Defendants.Case No. ADJ4713554 (FRE 0236145)OPINION AND DECISIONAFTER RECONSIDERATION We previously granted defendant’s petition for reconsideration of the June 28, 2010Findings and Award of the workers’ compensation administrative law judge (WCJ). who found that applicant incurred industrial injury to his left shoulder, neck. hack, both knees and psyche in a vehicle collision while employed by defendant as a correctional officer on February 5, 2005. causing 25% permanent disability and need for future medical treatment. The WCJ also addressed defendant’s claim of credit for overpayment of temporary disability indemnity and applicant’s receipt of a third-party recovery in Findings 6 through 8 of his June 28. 2010 decision as follows: “6. A credit for a third party recovery was granted by Order dated August 11. 2009 in the amount of $10,865.03 which shall be applied against the award first. I 7. The lien for attorney fees is a priority lien which shall be paid ‘ after the third party credit is applied. 8. After credit for the third party recovery is applied and the attorney fee is paid, then defendant shall take credit for advances including the temporary disability overpayment but those credits cannot be applied against future medical treatment.” Defendant contends that the amount of the credit for the third-party recovery as stated in Finding 6 is incorrect and that the correct amount is $13,865.03. Defendant further contends that it , was error for the WCJ to find that the credits for the third-party recovery and overpayment of temporary disability indemnity should be applied in a specific order, and to find that credit
Julian Arvizu vs. County Of Fresno, Permissibly Self- Insured, Administered By York Insurance Services Group, Inc.,
This case involves a dispute between Julian Arvizu, an applicant, and County of Fresno, permissibly self-insured, administered by York Insurance Services Group, Inc., the defendant. The applicant incurred industrial injury to his left shoulder, neck, back, both knees, and psyche in a vehicle collision while employed by the defendant as a correctional officer on February 5, 2005. The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration of the June 28, 2010 Findings and Award of the workers' compensation administrative law judge, which found that the applicant incurred industrial injury and needed future medical treatment, causing 25% permanent disability. The Board rescinded the WCJ's June 28, 2010 decision and returned the case to the trial level
- Filed On:
- Court: California, Fresno
- Case No. ADJ4713554
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