COMMUNITY BRIDGES (MEALS ON RECONSIDERATION WHEELS); BRAGG & ASSOCIATES, KIERON BERY, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKIERON BERY, Applicant,vs.COMMUNITY BRIDGES (MEALS ON RECONSIDERATIONWHEELS); BRAGG & ASSOCIATES, Defendants.Case Nos. ADJ4107912 (SAL 0119552)ADJ3846853 (SAL 0119553)ADJ4343002 (SAL 0119554)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Findings, Award and Orders of March 9, 2009 wherein it was found that, while employed as a meal delivery driver, applicant sustained admitted industrial injury to her spine and a non- stipulated industrial injury to her bilateral hips during a cumulative period ending on October 17, 2006 (SAL 119552), as well as admitted industrial injury to her spine on May 3, 2006 (SAL 119553) and December 22, 2005 (SAL 119553). The WCJ found that the employer had paid temporary disability indemnity corresponding to the period from October 27, 2006 to September 27, 2007, and that applicant’s “injury [sic] caused additional temporary total disability from [September 28, 2007] to date and continuing indefinitely thereafter.” The applicant also claims industrial injury to the psyche in all three cases, but the WCJ deferred that issue. Defendant contends that the WCJ erred in (1) finding industrial injury to the hips1 and (2) finding that applicant was entitled to a continuing award of temporary disability indemnity, arguing that the WCJ should have applied the two year limitation on temporary disability set forth in Labor Code § 4656(c)(1). We have not received an answer, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (“Report”). We will grant reconsideration and amend the Findings, Award and Orders of March 9, 2009 1Defendant erroneously states that the WCJ found industrial injury to the hips in all three cases. In fact,
Kieron Bery, vs. Community Bridges (meals On Reconsideration Wheels); Bragg & Associates,
In this case, the Workers' Compensation Appeals Board granted reconsideration of a workers' compensation administrative law judge's ("WCJ") Findings, Award and Orders of March 9, 2009. The WCJ found that the applicant had sustained admitted industrial injury to her spine and a non-stipulated industrial injury to her bilateral hips during a cumulative period ending on October 17, 2006, as well as admitted industrial injury to her spine on May 3, 2006 and December 22, 2005. The WCJ found that the employer had paid temporary disability indemnity corresponding to the period from October 27, 2006 to September 27, 2007, and that applicant's injury caused additional temporary total disability from September 28, 2007 to date and continuing indefinitely thereafter. The
- Filed On:
- Court: California, Salinas
- Case No. ADJ4107912
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