DENCO SALES COMPANY; ACE PROPERTY AND CASUALTY COMPANY; ARGONAUT INSURANCE COMPANY MICHELLE JIMENEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHELLE JIMENEZ, Applicant,vs.DENCO SALES COMPANY; ACE PROPERTY AND CASUALTY COMPANY; ARGONAUTINSURANCE COMPANY, Defendant(s).Case Nos. ADJ6659926ADJ6659223(Marina del Rey District Office)NUNC PRO TUNC ORDER CORRECTING CLERICAL ERROR INEARLIER DECISION Defendants Denco Sales Company and Argonaut Insurance Company filed a Petition to Correct Clerical Error with regard to our earlier January 6, 2012 Opinion and Decision After Reconsideration (Decision) wherein we rescinded the earlier August 12, 2011 (Joint) Findings and Award of the workers’ compensation administrative law judge and entered new Findings of Fact and a new Award.1 Defendants point out in their petition that paragraph 1 of the Award included in the January 6, 2012 Decision (page 9, line 9) contains the following phrase: “Up to an additional 35 weeks days of temporary disability indemnity prior to July 17, 2013…” (Emphasis added.) The reference in the phrase to both “weeks” and “days” is incorrect as noted by defendants. Instead, as discussed in several places in the body of the January 6, 2012 Decision which is incorporated by this reference, the Award was intended to state, “Up to an additional 35 weeks of temporary disability indemnity prior to July 17, 2013…” with no reference to “days.” Accordingly, this clerical error in the January 6, 2012 Award is corrected herein, nunc pro tunc, by deleting the word “days.” Defendants also urge that they are improperly named in the Award because they already paid 104 weeks of temporary disability indemnity in light of the credit allowed for reimbursement to the _______________________________________________1 Commissioner Brass has since been appointed to take the place on the panel of Commissioner Miller whose term expired. , Employment Development Department. While it ma
MICHELLE JIMENEZ vs. DENCO SALES COMPANY; ACE PROPERTY AND CASUALTY COMPANY; ARGONAUT INSURANCE COMPANY
ADJ6659223
In this case, Michelle Jimenez was awarded additional temporary disability indemnity from Denco Sales Company, Ace Property and Casualty Company, and Argonaut Insurance Company. The original award contained a clerical error, which was corrected nunc pro tunc by deleting the word "days" from the award. The award stated that Jimenez was entitled to up to an additional 35 weeks of temporary disability indemnity prior to July 17, 2013. The defendants may pursue appropriate processes to determine their respective liabilities to Jimenez.
- Filed On:
- Court: California, Marina del Rey
- Case No. ADJ6659926
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