STAFFING SERVICES, LLC; and STATE COMPENSATION INSURANCE FUND, MICHAEL DAVIS, VWORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHAEL DAVIS, Applicant,vs.STAFFING SERVICES, LLC; and STATE COMPENSATION INSURANCE FUND, Defendant.Case No. ADJ606563 (MON 0342681)ADJ944999 (MON 0342981)OPINION AND ORDER GRANTING RECONSIDERATION STATE AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Joint Findings and Award of May 20, 2009, wherein the workers’ compensation judge (WCJ) found, in relevant part1, that applicant sustained an admitted industrial injury2 to his psyche, right upper extremity, neck, back, head, left shoulder, hip, and knee, and internal system, in the form of hypertension, on June 11, 2004, while employed as a maintenance worker by Staffing Services, State Compensation Insurance Fund’s insured on the date of injury. The WCJ also found that the injury caused a need for further medical treatment and 100% permanent disability, entitling applicant to further medical treatment and permanent total disability indemnity at the gross weekly rate of $174.18, before reduction to pay applicant’s counsel’s fee and Los Angeles County’s child support lien claim in lump sums3, for life. The WCJ further found that applicant’s permanent total disability indemnity is additionally subject to annual increases, beginning on January 1, 2005, pursuant to Labor Code section 4659(c). Defendant contends that applicant’s gross permanent total disability indemnity rate is $144 per week, not $174.18, arguing that the parties so stipulated at trial. Furthermore, defendant 1There does not appear to be any dispute regarding the determinations made in case number MON 0342621 (ADJ606563).2Case number MON 0342981 (ADJ944999).3The allowed attorney’s fee was $63,933,87 and the allowed lien claim was $27,000. After commutation for the attorney’s fee and child support lien claim, applicant’s awarded net weekly permanent total disability indemnity r
Michael Davis, vs. Staffing Services, Llc; And State Compensation Insurance Fund,
In this case, Staffing Services, LLC and the State Compensation Insurance Fund sought reconsideration of the Joint Findings and Award of May 20, 2009, which found that Michael Davis, the applicant, had sustained an admitted industrial injury to his psyche, right upper extremity, neck, back, head, left shoulder, hip, and knee, and internal system, in the form of hypertension, on June 11, 2004, while employed as a maintenance worker by Staffing Services. The WCJ found that the injury caused a need for further medical treatment and 100% permanent disability, entitling applicant to further medical treatment and permanent total disability indemnity at the gross weekly rate of $174.18, before reduction to pay applicant's counsel's fee and
- Filed On:
- Court: California, San Francisco
- Case No. ADJ606563
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