Maria Salas vs. Ids Usa West In Mitsui Sumitomo Insurance Company Of America

IDS USA WEST IN MITSUI SUMITOMO INSURANCE COMPANY OF AMERICA MARIA SALAS WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA SALAS, Applicant,vs.IDS USA WEST, INC.; MITSUI SUMITOMOINSURANCE COMPANY OF AMERICA, Defendants.Case No. ADJ7631255(Pomona District Office)OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION            Defendant seeks reconsideration of the May 8, 2014 Findings and Award (F&A), wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a packer from January 26, 2010 to January 26, 2011, sustained industrial injury to her cervical spine, left hand, left wrist, and left knee. The WCJ found that applicant was entitled to temporary disability indemnity benefits for the period from January 26, 2011 to September 13, 2011, and that because defendant did not offer applicant regular, modified, or alternative work within 60 days of her disability becoming permanent and stationary, as required by Labor Code section 4658(d) 1, applicant was entitled to a 15% increase in her permanent disability indemnity benefit payments. The WCJ also found that the Employment Development Department (EDD) was entitled to recover its lien. Additionally, the WCJ found that section 3600(a)(10) does not apply to applicant’s date of injury.            Defendant challenges the WCJ’s findings in several regards. First, defendant contends that the WCJ erred in finding that applicant sustained a cumulative trauma industrial injury to her cervical spine, left hand, left wrist, and left knee. Second, defendant contends that the WCJ erred in finding that applicant’s cumulative trauma period was January 26, 2010 to January 26, 2011. Third, defendant contends that th1; WCJ erred in finding that applicant’s claim was not barred pursuant to section 3600(a)(10)(D). Fourth, defendant contends that the WCJ erred in awarding temporary total disability indemnity benefis from January 26, 2011 to September 13, 2011. Fi

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