SOLANO GARBAGE, Permissibly Self-Insured, LAWRENCE BURNELL, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALAWRENCE BURNELL, Applicant,vs.SOLANO GARBAGE, Permissibly Self-Insured, Defendant.Case Nos. ADJ1174751 (SAC 0331800)ADJ6448656ADJ6448658AOPINION AND ORDER DENYING RECONSIDERATION IN CASES ADJ6448656 AND ADJ6648658, GRANTING RECONSIDERATION IN CASE ADJ1174751 AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of three separate decisions issued by a workers’ compensation administrative law judge (“WCJ”) on March 19, 2009. In Findings and Award and Order issued in ADJ1 174751, it was found that, while employed as a utility man on December 16, 2002, applicant sustained admitted industrial injury to his back causing permanent disability of 19%. In a Findings and Award issued in ADJ6448656, it was found that, while employed on May 8, 2006, he sustained admitted industrial injury to his right shoulder, causing permanent disability of 16%. In a Findings and Award issued in ADJ6448658, it was found that, while employed on April 17, 2002, he sustained admitted industrial injury to his right elbow causing permanent disability of 20%. Prior to the issuance of the decisions, the defendant had made permanent disability advances in the amount of $11,660 corresponding to case ADJ1 174751 (an overpayment of $1,060 relative to the $10,600 which corresponds to a finding of 19% permanent disability) and had advanced $14,871.71 in permanent disability indemnity corresponding to case ADJ6448658(an overpayment of $3,591.71 relative to the $11,280 which corresponds to a finding of 20% permanent disability).1 1Although the defendant also put case numbers ADJ2432789 and ADJ6448657 in the caption of its petition for reconsideration, its petition raised no issues regarding the decisions issued in those cases. , Defendant contends that the WCJ erred in (1) finding permanent disability of 19% in ADJI174751, arguing that the WCJ should have base
Lawrence Burnell, vs. Solano Garbage, Permissibly Self-insured,
: In this case, the defendant, Solano Garbage, sought reconsideration of three separate decisions issued by a workers' compensation administrative law judge. The decisions found that the applicant, Lawrence Burnell, had sustained admitted industrial injuries to his back, right shoulder, and right elbow, causing permanent disability of 19%, 16%, and 20%, respectively. The defendant argued that the WCJ should have based his findings on different medical reports and should have apportioned to prior awards of disability. The WCJ granted reconsideration in case ADJ1174751 and amended the decision to reflect that the applicant sustained no compensable permanent disability as a result of his December 16, 2002 back injury. However, the WCJ denied reconsideration in cases ADJ
- Filed On:
- Court: California, Sacramento
- Case No. ADJ1174751
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