MICHAEL DUNCAN, vs. HERRICK CORPORATION; STOCKTON STEEL,

In this case, Herrick Corporation and Stockton Steel were defendants in a workers' compensation case brought by Michael Duncan. Duncan sought reconsideration of various decisions issued by the workers' compensation judge (WCJ) in December 2008, in cases SAC 351967 and SAC 351966. The WCJ found that Duncan sustained industrial injury to his neck, shoulders, upper extremities, wrists, and back, causing permanent disability, after apportionment, of 14.5%. The WCJ also found that, in addition to the temporary disability paid for the period February 9, 2005 to February 9, 2007 at the rate of $473.87 per week, Duncan was entitled to temporary disability from February 9, 2007 to February 26, 2007,

HERRICK CORPORATION; STOCKTON STEEL, MICHAEL DUNCAN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHAEL DUNCAN, Applicant,vs.HERRICK CORPORATION; STOCKTON STEEL, Defendants.Case No. ADJ3041114 (SAC 0351966)ADJ3559043 (SAC 0351967)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant and defendant both seek reconsideration of various decisions issued by the workers’ compensation judge (WCJ) in December 2008, in cases SAC 351967 and SAC 351966. It appears that applicant’s petition pertains only to SAC 351967.            In the Findings, Award and Order of December 3, 2008 in SAC 351966, the WCJ found, in relevant part, that on April 3, 2001, applicant sustained industrial injury to his neck, shoulders, upper extremities, wrists, and back, causing permanent disability, after apportionment, of 14.5%. The WCJ also found that, in addition to the temporary disability paid for the period February 9, 2005 to February 9, 2007 at the rate of $473.87 per week, applicant is entitled to temporary disability from February 9, 2007 to February 26, 2007, when the injury became permanent and stationary (P&S). In addition, the WCJ found that applicant’s attorney is entitled to a fee of 15% of the permanent disability and temporary disability indemnity awards, and that if there is an overpayment of permanent disability, defendant must pay the attorney’s fee over and above the permanent disability previously advanced. Finally, the WCJ adopted the parties’ stipulations that permanent disability was paid in this case in the total amount of $11,976.49.            SAC 351967, the WCJ issued several decisions.            In the Findings, Award and Order of December 3, 2008, the WCJ found that on May 3, 2004, applicant sustained industrial injury to his bilateral shoulders and back, that injury became , P&S on February 26, 2007, and that the injury caused permanent disability, after apportionment, of 7%. Regarding temporary disability

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