Isec, Inc.; Zurich American Insurance Company Milto Matlean WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMILTONMATLEAN, Applicant,vs.ISEC, INC.; ZURICH AMERICAN INSURANCE COMPANY, Defendant(s).Case No. SAC 0354674OPINION AND DECISION AFTER RECONSIDERATION On May 4, 2007, we granted reconsideration of defendant’s Petition for Reconsideration of the February 15, 2007 Findings of Fact, Award, and Order issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found that applicant, while employed as a carpenter on May 17, 2006, sustained industrial injury to his left knee causing temporary total disability from May 20, 2006 through the present and continuing and causing need for further medical treatment. Based on these Findings and the parties’ prior stipulation that applicant’s average weekly earnings were $1,000.00, the WCJ awarded applicant temporary disability indemnity from May 20, 2006 to the present and continuing at the weekly rate of $666.67 less the lien of Employment Development Department (EDD) in the amount of S3,027.00 and less attorney fees in the amount of $5.840.00. The WCJ deferred the issue of sanctions pursuant to Labor Code1 section 5813. We granted reconsideration to further study the factual and legal issues in this case. We now issue our Decision after Reconsideration. In its Petition for Reconsideration, defendant contended that the WCJ erred in awarding temporary disability indemnity from May 20, 2006 to the present and continuing. Defendant argued that Labor Code section 4656(c)(1) limits defendant’s liability for payment of temporary 1 All further statutory references are to the Labor Code, unless otherwise noted. , disability to no more “than 104 compensable weeks within a period of two years from the dateof commencement of temporary disability payment.” Defendant requested that the award fortemporary disability indemnity be limited to a maximum of 104 weeks of payment. Finally,defend
Milto Matlean vs. Isec, Inc.; Zurich American Insurance Company
This case involves Milton Matlean, an employee of Isec, Inc., who sustained an industrial injury to his left knee on May 17, 2006. The Workers' Compensation Appeals Board granted reconsideration of the February 15, 2007 Findings of Fact, Award, and Order issued by the workers’ compensation administrative law judge (WCJ). The WCJ found that applicant sustained the injury, causing temporary total disability from May 20, 2006 through the present and continuing and causing need for further medical treatment. The WCJ awarded applicant temporary disability indemnity from May 20, 2006 to the present and continuing at the weekly rate of $666.67 less the lien of Employment Development Department (EDD) in the amount of S3,027
- Filed On:
- Court: California, Sacramento
- Case No. SAC0354674
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