County Of Los Angeles, permissibly self- insured, Melissa Arnson, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMELISSA ARNSON,Applicant,vs.COUNTY OF LOS ANGELES, permissibly self- insured,Defendant.Case No. ADJ506009 (LBO 0298073) MFADJ202202 (LBO 0323364)ADJ4697978 (LBO 0332965)OPINION AND ORDER GRANTING APPLICANT’S PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the March 13, 2017 Joint Findings And Order of the workers’ compensation administrative law judge (WCJ), who found that the WCAB “has no jurisdiction over the parties’ current dispute over whether defendant provided applicant the correct amount of salary continuation” under Labor Code section 4850.1 Applicant’s three claims of industrial injuries sustained while working for defendant as a senior District Attorney Investigator were previously addressed by entry of awards and stipulations. Applicant contends that the WCAB has jurisdiction under section 4851 to determine the benefits due her pursuant to section 4850 and the parties’ agreements. An answer was not received. The WCJ provided a Report And Recommendation On Petition For Reconsideration (Report) recommending that reconsideration be denied. Reconsideration is granted and the WCJ’s decision is rescinded as the Decision After Reconsideration. The WCAB has jurisdiction over claims that section 4850 benefits were not properly paid. The case is returned to the trial level for further proceedings and decision on applicant’s claim that she has not received the full amount of compensation due for her three industrial injuries. 1 Further statutory references are to the Labor Code unless otherwise stated. , BACKGROUND As the WCJ explains in his Report, applicant sustained three industrial injuries in the course of her employment with defendant. The parties reached stipulated agreements concerning the amounts to be paid in ea
Melissa Arnson, vs. County Of Los Angeles, Permissibly Self- Insured,
In this case, Melissa Arnson, an employee of the County of Los Angeles, sought reconsideration of a decision by a workers' compensation administrative law judge (WCJ) that the WCAB had no jurisdiction over the parties' dispute over whether the County of Los Angeles had provided the correct amount of salary continuation under Labor Code section 4850.1. The WCAB granted the petition for reconsideration and determined that the WCAB had jurisdiction to award and enforce payment of benefits due under section 4850 and the parties' agreements. The case was returned to the trial level for further proceedings and decision on applicant's claim that she had not received the full amount of compensation due for her three industrial injuries.
- Filed On:
- Court: California, Long Beach
- Case No. ADJ506009
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