TOYOTA OF GLENDALE; UNITED STATES FIRE INSURANCE CO. LORENZO HERNANDEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALORENZO HERNANDEZ, Applicant,vs.TOYOTA OF GLENDALE; UNITED STATES FIRE INSURANCE CO., Defendants.Case No. ADJ7220018(Marina del Rey District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings, Award and Order issued May 4, 2012, wherein the workers’ compensation administrative law judge (WCJ) found that applicant sustained an industrial injury to his left knee, low back, right and left wrists, bilateral feet on September 2, 2009 while employed as a “mechanic technician”. However, the WCJ found that applicant “did not sustain injury to his psyche and dental.” Applicant was awarded temporary disability benefits “from January 29, 2010 to present and continuing at the rate of $666.66 per week, less credit for payments made.” The WCJ also ordered “that defendants pay EDD the full amount of their lien for payments paid to applicant during the period when applicant was temporarily disabled.” In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ set forth the bases for the decision. However, the WCJ recommended that applicant’s petition be granted, the decision rescinded and the matter returned to the trial level: “1. To clarify the name of the carter for Toyota. Is the carrier United States Fire Ins. Co. or is the carrier North River Insurance. 2. To correct the Finding and Award to state industrial injury to Applicant’s right knee and not to Applicant’s left knee.”////// , Defendant contends that the WCJ erred: (1) by finding that applicant sustained an industrial right knee injury and back injury arguing that there is no substantial evidence which supports this finding; (2) by finding that applicant sustained a left and right wrists or bilateral foot industrial injury arguing that the AM
LORENZO HERNANDEZ vs. TOYOTA OF GLENDALE; UNITED STATES FIRE INSURANCE CO.
In this case, Lorenzo Hernandez was awarded temporary disability benefits after sustaining an industrial injury to his left knee, low back, right and left wrists, and bilateral feet while employed as a mechanic technician. The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and rescinded the Findings, Award and Order issued May 4, 2012. The matter was returned to the trial level for further proceedings. The defendant was also advised to provide additional details regarding temporary disability benefits paid to the applicant and claimed credits for payments to EDD.
- Filed On:
- Court: California, Marina del Rey
- Case No. ADJ7220018
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