Cal State Hayward And Octagon Risk Services Michelle Lacentra WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHELLE LACENTRA, Applicant,vs. CAL STATE HAYWARD and OCTAGON RISK SERVICES, Defendant(s).Case No. OAK 0313845OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Applicant, Michelle LaCentra, seeks reconsideration of the Findings and Award of October 17,2007, wherein it was found, inter alia, that applicant, born September 2,1949, while employed on October 18, 2001 as a student services professional, sustained industrial injury to her neck, right (major) shoulder, and right knee; that applicant sustained permanent disability of 45%, in the total dollar amount of $39,270.00, less attorney’s fees and “less credit to Defendant for Applicant’s ‘third party recovery,’ as hereafter found, and less payments made by Defendant on account prior to applicants civil settlement;” that defendant is entitled to credit against its obligation to pay permanent disability indemnity, in the sum of $19,000.00, recovered by applicant in a related civil suit; that applicant is in need of further medical treatment; and that applicant’s attorney rendered services in the reasonable value of $5,890.00. Applicant contends that 1) the workers’ compensation administrative law judge (WCJ) erred in allowing defendant credit for permanent disability advances provided prior to a third party settlement wherein the defendant was reimbursed from the civil settlement; 2) defendant was reimbursed by agreement for the compensation benefits previously provided which included permanent disability advances (See, third party settlement agreement, Board Exhibit “X”); 3) the , permanent disability advances from November 12, 2004 through March 28, 2006 of $11,474.29 were paid prior to the civil settlement and defendant presented this claim to the third party defendant in the civil action for reimbursement; therefore, defendant received back its pe
Michelle Lacentra vs. Cal State Hayward And Octagon Risk Services
Michelle LaCentra was injured while employed as a student services professional on October 18, 2001. The Workers' Compensation Appeals Board found that she sustained permanent disability of 45%, in the total dollar amount of $39,270.00, less attorney's fees and "less credit to Defendant for Applicant's 'third party recovery,' as hereafter found, and less payments made by Defendant on account prior to applicants civil settlement." The Board granted reconsideration and amended the findings and award to delete the credit in the amount of $19,000.00, as the defendant had already been reimbursed for the workers' compensation benefits provided to the applicant prior to the settlement. The Board also ordered that the defendant was allowed a credit against its obligation to pay benefits in
- Filed On:
- Court: California, Oakland
- Case No. OAK0313845
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