Los Angeles County Office Of Education, Permissibly Self-Insured Larry Clarke WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALARRY CLARKE, Applicant,vs.LOS ANGELES COUNTY OFFICE OF EDUCATION, Permissibly Self-insured, Defendants),Case No. VNO 0437242OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the April 23, 2007 Findings of Fact and Award issued by the workers’ compensation administrative law judge (hereafter “WCJ”) wherein the WCJ found that applicant was temporarily totally disabled from April 3, 2002 to June 16,2004 and that lien claimant. UNUM Provident Insurance Company (hereafter “UNUM’), is entitled to reimbursement of its $44,419.30 long-term disability lien in an amount to be adjusted by the parties. Previously, applicant’s claim was settled by a June 16, 2005 Order Approving Compromise and Release for $8,500.00. Therein, the parties settled applicant’s claim of injury described as “head, internal, psyche, headaches, nausea, blurry visual (eyes), and all other body parts [contained] in the medical reports” while employed as a teacher from Apnl 1994 to July 26. 2001. The First paragraph of “Addendum 410A”‘ states that “(t]hcrc is a good faith dispute with respect to certain issues, including injury….” Following additional proceedings. UNUM’s unresolved lien proceeded to trial on October 23. 2006. Defendant seeks reconsideration of the WCJ’s resulting decision. Defendant contends that the WCJ erred in finding a period of temporary total disability from Apnl 3. 2002 through June 16. 2004 and in failing to Find that applicant became permanent , and stationary on March 25, 2002. Defendant further contends that the WCJ should have reliedon the medical opinions of Martin Levine, M.D., and Warren Roston, M.D., to find applicantpermanent and stationary. Finally, defendant contends that the WCJ erred in allowing the lien ofUNUM. Applicant did not file an a
Larry Clarke vs. Los Angeles County Office Of Education, Permissibly Self-insured
In this case, the Los Angeles County Office of Education sought reconsideration of the April 23, 2007 Findings of Fact and Award issued by the workers' compensation administrative law judge (WCJ) which found that the applicant was temporarily totally disabled from April 3, 2002 to June 16, 2004 and that lien claimant UNUM Provident Insurance Company was entitled to reimbursement of its $44,419.30 long-term disability lien. The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the matter to the trial level for further proceedings and decision by the WCJ. The WCJ must make a finding on all issues, including the issue of injury AOE/COE, and prepare an opinion on
- Filed On:
- Court: California, Van Nuys
- Case No. VNO0437242
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