COUNTY OF LOS ANGELESIPROBATION DEPARTMENT, permissibly self-insured, LEE A. SMITH, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALEE A. SMITH,, Applicant,vs.COUNTY OF LOS ANGELESIPROBATION DEPARTMENT, permissibly self-insured,, Defendants).Case No. VNO 0472017OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Defendant seeks reconsideration of the Findings and Award of May 9, 2007, wherein the workers* compensation administrative law judge (WCJ) found, in essence, that applicant sustained an admitted industrial injury to his cardiovascular system, right side of his body, and psyche and in the form of hypertension and stroke during a period from 1984 through January 22, 2003, while employed by defendant as a supervising detention officer, and that the injury caused need for further medical treatment 100% permanent disability, entitling applicant to further medical treatment and permanent disability indemnity at the rate of $602 per week for life. The WCJ also allowed applicant’s counsel an attorneys’ fee of $82,723.83 to be paid in a lump sum by reducing applicant’s permanent disability indemnity to the weekly rate of $511.54. Defendant contends that the injury did not cause 100% permanent disability, arguing that the opinion of Robert M. Gromis, M.D., a regular physician appointed by the WCJ, does not support the finding of permanent total disability and does not comply with Labor Code section 4663. Defendant also contends that the commutation of permanent disability indemnity to pay the allowed attorneys’ fee in a lump sum is erroneous. Applicant filed an answer to the petition for reconsideration.I.We have considered the allegations raised in the petition for reconsideration and answer , thereto, as well as the content of the WCJ’s Report and Recommendation. Based on our review of the record and for the reasons discussed below, we will grant reconsideration, rescinj the Findings and Awa
Lee A. Smith vs. County of Los Angeles Probation Department
This case involves a dispute between Lee A. Smith, an applicant, and the County of Los Angeles Probation Department, permissibly self-insured, regarding an admitted industrial injury to Smith's cardiovascular system, right side of his body, and psyche in the form of hypertension and stroke. The Workers Compensation Appeals Board granted reconsideration of the Findings and Award of May 9, 2007, and returned the matter to the trial-level WCJ for further proceedings that will include, but may not be limited to, creating an adequate trial record, and thereafter a new decision.
- Filed On:
- Court: California, Van Nuys
- Case No. VNO0472017
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.