COUNTY OF SANTA BARBARA; INNOVATIVE FRIEND SOLUTIONS, MARY GARCIA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARRY GARCIA, Applicant,vs.COUNTY OF SANTA BARBARA;INNOVATIVE FRIEND SOLUTIONS, Defendants.Case No. ADJ2366705 (GOL 0098120)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Findings and Award of April 30, 2009, wherein the WCJ found that “[a]pplicant is entitled to [temporary total disability] benefits from October 7, 2008 to February 9, 2009 and [temporary partial disability] benefits thereafter.” In this matter, while employed as a juvenile institutions officer on September 3, 2002, applicant sustained admitted industrial injury to her right elbow. Defendant contends that the WCJ erred in finding that the applicant was temporarily totally disabled from October 7, 2008 to February 9, 2009, arguing that the WCJ should have followed the opinions of defendant’s qualified medical evaluator, orthopedist Richard D. Scheinberg, M.D., rather than the opinions of applicant’s primary treating physician, orthopedist Margaret E. Elfering, M.D. Defendant further contends that, even if the opinions of Dr. Elfering are followed, the end date of applicant’s temporary total disability should be February 2, 2009, the date that Dr. Elfering returned the applicant to modified work. Finally, defendant argues that the WCJ erred in finding that applicant was temporarily partially disabled, arguing, in essence, that applicant unreasonably rejected an offer of modified work. We have received an answer from the applicant, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (“Report”). In the Report, the WCJ acknowledges that he erred in finding that applicant’s period of temporary total disability ended on , February 9, 2009 rather than on February 2, 2009. He recommends that we grant re
Mary Garcia vs. County Of Santa Barbara; Innovative Friend Solutions,
(GOL 0098120) is a case in which Mary Garcia, an applicant, was seeking workers' compensation benefits from the County of Santa Barbara and Innovative Friend Solutions. The Workers' Compensation Appeals Board granted reconsideration of the Findings and Award of April 30, 2009, amending the Finding of Fact No. I to reflect that Mary Garcia was entitled to temporary total disability benefits from October 7, 2008 to February 2, 2009 and temporary partial disability benefits thereafter. The Board affirmed the Findings and Award of April 30, 2009 for the reasons stated by the WCJ in his Report.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ2366705
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