Leon Mosse, vs. City Of Sunnyvale Department Of Public Safety; Acclamation Insurance Management Services,

In this case, the Workers' Compensation Appeals Board granted the applicant's petition for reconsideration and amended the Joint Findings and Award issued by the workers' compensation administrative law judge (WCJ) on September 18, 2017. The WCJ found that the applicant sustained injury to his lumbar spine on September 13, 2013, October 26, 2013, and from November 28, 2012 through November 28, 2013, as well as skin cancer from November 28, 2012 through November 28, 2013. The WCJ also awarded the applicant temporary total disability from November 28, 2013 through February 5, 2015, Labor Code section 48502 benefits from November 29, 2013 through November 29, 2014, 44% permanent disability after apportionment in Case Nos

City Of Sunnyvale Department Of Public Safety; Acclamation Insurance Management Services, Leon Mosse, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAApplicant,vs.Case Nos. ADJ9252872ADJ9252875ADJ9252877(San Jose District Office)CITY OF SUNNYVALE DEPARTMENT OF PUBLIC SAFETY; ACCLAMATION INSURANCE MANAGEMENT SERVICES,Defendants.OPINION AND ORDER GRANTING APPLICANT’S PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION; OPINION AND ORDER DENYING DEFENDANT’S PETITION FOR RECONSIDERATION            Applicant and defendant both seek reconsideration of the Joint Findings and Award (Joint F&A) issued by the workers’ compensation administrative law judge (WCJ) on September 18, 2017. By the Joint F&A, the WCJ found in relevant part that applicant sustained injury to his lumbar spine on September 13, 2013 (Case No. ADJ9252872), again on October 26, 2013 (Case No. ADJ9252875) and from November 28, 2012 through November 28, 2013 (Case No. ADJ9252877). 1 The WCJ also found that applicant sustained injury resulting in skin cancer from November 28, 2012 through November 28, 2013 (Case No. ADJ9252877). Applicant was awarded temporary total disability from November 28, 2013 through February 5, 2015, Labor Code section 48502 benefits from November 29, 2013 through November 29, 2014, 44% permanent disability after apportionment in Case Nos. ADJ9252872 and ADJ9252875, and 34% permanent disability after apportionment in Case No. ADJ9252877 pursuant to Labor Code section 4663.            Applicant contends that it was error to apply apportionment pursuant to section 4663 because this section does not apply to public safety officers. Defendant contends that the award of temporary disability is not supported by substantial evidence, applicant is not entitled to section 4850 benefits and 1 Defendant withdrew its Petition with respect to Case No. ADJ6986693 on October 25, 2017, which was not at issue herein.2 All further statutory references are to the Labor Code unless o

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