Moises Lopez vs. Department Of Motor Veidcles, Legally Uninsured, Administered By State Compensation Insurance Fund

In this case, Moises Lopez, an employee of the California Department of Motor Vehicles, sustained an industrial injury to his neck and back on September 2, 2004. He received industrial disability leave benefits from September 6, 2004 through September 8, 2004, after which he was released by his treating physician to return to full duty. The Workers' Compensation Appeals Board granted reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in this case. The Board found that the 1997 Schedule for Rating Permanent Disabilities applied to this case and returned the case to the trial level for rating under the 1997 Schedule.

Department Of Motor Veidcles, Legally Uninsured, Administered By State Compensation Insurance Fund Moises Lopez WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMOISES LOPEZ, Applicant,vs.DEPARTMENT OF MOTOR VEIDCLES, Legally Uninsured, Administered By STATE COMPENSATION INSURANCE FUND, DefendantCase No. VNO 0510281OPINION AND DECISION AFTER RECONSIDERATION            On April 16, 2007, we granted reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in this case. This is our decision after reconsideration.            Applicant, while employed as a licensing-registration examiner by the California Department of Motor Vehicles (DMV) on September 2, 2004, sustained an industrial injury to his neck and back. He received industrial disability leave benefits (1DL)1 from September 6, 2004 through September 8, 2004, after which he was released by his treating physician to return to full duty. On November 17, 2004 he was sent a notice from State Compensation Insurance Fund, the claims administrator for DMV, informing him that his IDL benefits had ceased but that he may be entitled to other workers’ compensation benefits (Applicant’s Exhibit 2). At trial on October 31, 2006, the parties stipulated that applicant had been adequately compensated for all claimed periods of temporary disability (Minutes of Hearing, page 2). There is no evidence that applicant was paid any IDL or temporary disability benefits besides those memorialized in the November 17, 2004 notice.            On this record, the workers’ compensation administrative law judge (WCJ) decided in the Findings and Award dated February 6, 2007, that the 2005 Schedule for Rating Permanent 1 Government Code section 19871. , Disabilities (2005 Schedule) applied to this case and awarded 8V. permanent disability based on the 2005 Schedule. On reconsideration applicant contends that the November 17, 2004 notice is a notice required by Labor Code section 4061.2 For this

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