The Campbell Group; Zurich American Insurance Company Kirk Facey WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKIRK FACEY, Applicant,vs.THE CAMPBELL GROUP; ZURICH AMERICAN INSURANCE COMPANY, Defendants.Case No. ADJ7944191 (Santa Rosa District Office)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the December 28, 2012 Findings, Award & Orders (FAO), wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a forestry technician on March 10, 2011, sustained industrial injury to his head, brain, neck, and spine. The WCJ found that, except for days worked, applicant had been temporarily disabled as a result of the March 10,’2011 injury from March 10, 2011 through the present, and continuing. The WCJ ordered defendant to file a petition to terminate liability for temporary disability indemnity before terminating applicant’s temporary disability benefits, unless applicant’s temporary disability benefits period expires or applicant returns to work. Defendant contends that the WCJ erred in awarding applicant temporary disability benefits from March 10, 2011 to the present and continuing. We have considered the Petition for Reconsideration (Petition) and applicant’s Answer, and we have reviewed the record in this matter. The WCJ retired before the Petition was filed and no Report and Recommendation on Petition for Reconsideration was prepared. For the reasons discussed below, we will grant reconsideration, rescind the WCJ’s Findings, Award & Orders, resissue as our own Findings of Fact nos. 1-4, defer all other issues, and return this matter to the trial level for further proceedings and a decision by a new WCJ. We will also correct a typographical error in the FAO as to the name of defendant’s workers’ compensation insurer. , FACTS Applicant was employed by defendant as a forestry technician and
Kirk Facey vs. The Campbell Group; Zurich American Insurance Company
In this case, the Campbell Group and Zurich American Insurance Company sought reconsideration of a decision by a workers' compensation administrative law judge (WCJ) that found that the applicant, Kirk Facey, had sustained industrial injury to his head, brain, neck, and spine on March 10, 2011, and had been temporarily disabled as a result from that date through the present. The WCJ ordered the defendants to file a petition to terminate liability for temporary disability indemnity before terminating Facey's temporary disability benefits, unless his temporary disability benefits period expired or he returned to work. The Appeals Board granted reconsideration, rescinded the WCJ's Findings, Award & Orders, and returned the matter to the trial level for further proceedings and a decision by
- Filed On:
- Court: California, Santa Rosa
- Case No. ADJ7944191
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