Superior Court Of California, San Joaquin County, Permissibly Self- Insured, Adjusted By Acclamarion Insurance Management Services, Monica Gonzalez Henry, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMONICA GONZALEZ HENRY,Applicant,vs.SUPERIOR COURT OF CALIFORNIA, SAN JOAQUIN COUNTY, Permissibly Self- Insured, adjusted by ACCLAMATION INSURANCE MANAGEMENT SERVICES,Defendants.Case No. ADJ9776320(Stockton District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant Monica Gonzalez Henry seeks reconsideration of the Findings and Order issued by the workers’ compensation administrative law judge (WCJ) on March 2, 2017. In pertinent part, the WCJ found that applicant received medical treatment during work hours prior to reaching permanent and stationary status, that there is no medical evidence that applicant was temporarily partially disabled after she returned to work, and that applicant did not meet her burden of proof for additional compensation. Applicant contends that she is entitled to temporary partial disability for wages lost while attending medical treatment appointments after she returned to work but before she was declared permanent and stationary. We received an Answer from defendant. Defendant contends that applicant is not entitled to temporary disability benefits for attending medical appointments because she had returned to full-duty work. We received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ recommending that the Petition be granted. We have considered the allegations of the Petition and Answer, and the contents of the WCJ’s Report. Based on our review of the record, and as discussed below, we deny reconsideration./// , I. As stated in the WCJ’s Report: Applicant was injured on April 9, 2013 [footnote omitted]. She returned to work, performing her regular duties by May, 2013. Applicant’s condition was dete
Monica Gonzalez Henry, vs. Superior Court Of California, San Joaquin County, Permissibly Self- Insured, Adjusted By Acclamarion Insurance Management Services,
This case involves Monica Gonzalez Henry, who was injured on April 9, 2013 and returned to work performing her regular duties by May 2013. She was declared permanent and stationary on June 30, 2015. During the time between May 1, 2013 and June 30, 2015, she took time away from work to seek medical treatment, using her sick time or vacation time to make up the difference in her hours. She sought compensation for the time lost to attend medical treatment, but the Workers' Compensation Appeals Board denied her petition for reconsideration, finding that her entitlement to temporary disability ended when she returned to work in a full capacity.
- Filed On:
- Court: California, Stockton
- Case No. ADJ9776320
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