City Of San Rafael Monte Payne WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMONTE PAYNE, Applicant,vs.CITY OF SAN RAFAEL, DefendantCase Nos. ADJ1754033 (SAC 0370201) ADJ1258059 (SAC 0364768)ADJ220448 (SAC 0364769)ADJ2785733 (SAC 0364770) ADJ4090010 (SAC 0364771)ADJ1380734 (SAC 0364772) ADJ4046532 (SAC 0364773)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings, Award and Order of June 14, 201H1, in which the workers’ compensation judge (WCJ) found, based on the parties’ stipulations, that applicant, while employed as a firefighter for the City of San Rafael, sustained injury to his neck, left shoulder, left upper extremity and psyche on November 2, 2005 (ADJ4046532), to his neck, left shoulder, left upper extremity and psyche on May 1, 2005 (ADJ2785733), to his neck, left shoulder, left upper extremity and psyche on May 1, 2005 [sic] (ADJ1258059), to his back and psyche on May 24, 2003 (ADJ220448), to his back, neck, left shoulder, left upper extremity and psyche as a result of the cumulative trauma to November 23, 2007 (ADJ1754033), to his back, neck, left shoulder, left upper extremity and psyche on September 26, 2006 (ADJ4090010), and to his back, neck, left shoulder, left upper extremity and psyche as a result of cumulative trauma through September 22, 2006 (ADJ1380734). In ADJ1380734, the WCJ also found that applicant is entitled to temporary disability from March 27, 2011 to the present and continuing, that applicant is not entitled to any further Labor Code section 4850 benefits as a result of these injuries, that there is no basis upon which to conclude Labor Code section 4656 applies to bar the payment of temporary disability in ADJ1380734, and that the payment of Labor Code section 4850 benefits does not constitute the payment of temporary disability for purposes of Labor Code section 4656. In addition, the WCJ ordered that good cause does not exist upon which to
Monte Payne vs. City Of San Rafael
In this case, the City of San Rafael sought reconsideration of a workers' compensation judge's (WCJ) decision that found that Monte Payne, a firefighter for the City of San Rafael, sustained injury to his neck, left shoulder, left upper extremity and psyche on November 2, 2005, May 1, 2005, May 24, 2003, November 23, 2007, September 26, 2006, and as a result of cumulative trauma through September 22, 2006. The WCJ also found that Payne was entitled to temporary disability from March 27, 2011 to the present and continuing, and that the payment of Labor Code section 4850 benefits does not constitute the payment of temporary disability for purposes of Labor Code section 4656. The Appeals Board granted
- Filed On:
- Court: California, Sacramento
- Case No. ADJ1754033
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