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; ARGONAUT INSURANCE COMPANY, Defendant(s).Case Nos. ADJ6659926 ADJ6659223 OPINION AND DECISION AFTER RECONSIDERATION We previously granted applicant’s petition for reconsideration of the August 12, 2011 (Joint) Findings and Award of the workers’ compensation administrative law judge (WCJ) who found that applicant incurred industrial injury to her lumbar spine and resulting temporary disability while working for defendant as a delivery driver on July 6, 2007 (ADJ6659226) when defendant was insured by Ace Property and Casualty Company (Ace or ESIS), and during the period of January 7, 2005 to July 17, 2008 (ADJ6659223) when defendant was insured by Ace and by Argonaut Insurance Company (Argonaut). After considering the payments made by the insurers, including Argonaut’s payment of a lien by the Employment Development Department (EDD), and the effect of Labor Code section 4656 on the two insurers’ liability for temporary disability indemnity, the WCJ awarded applicant two additional days of temporary disability indemnity to be paid by Argonaut1 Applicant contends that the WCJ did not properly apply section 4656, and that she should receive _______________________________________________1Further statutory references are to the Labor Code.Section 4656(c)(1) provides in full: “Aggregate disability payments for a single injury occurring on or after April 19, 2004, causing temporary disability shall not extend for more than 104 compensable weeks within a period of two years from the date of commencement of temporary disability payment.” Section 4656(c)(2) provides in full: “Aggregate disability payments for a single injury occurring on or after January 1, 2008, causing temporary disability shall not extend for more
MICHELLE JIMENEZ vs. DENCO SALES COMPANY; ACE PROPERTY AND CASUALTY COMPANY; ARGONAUT INSURANCE COMPANY
- Filed On:
- Court: California, San Francisco
- Case No. ADJ6659926
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.