Nick Navarro, vs. State Of California, Department Of Corrections, Legally Uninsured, Adjusted By State Compensation Insurance Fund,

This case involves a dispute between Nick Navarro, an applicant, and the State of California, Department of Corrections, Legally Uninsured, Adjusted By State Compensation Insurance Fund, the defendant. Navarro's attorney sought reconsideration of a Joint Findings and Award issued by a workers' compensation administrative law judge (WCJ) on October 22, 2009, wherein the WCJ found that there was no indemnity payable from which an award of attorney's fees could be made. The WCJ also found, based on the parties' stipulations, that Navarro, while employed as a correctional officer, sustained industrial injury to his right knee, causing six broken periods of temporary disability for which he received industrial disability leave (IDL) in lieu of temporary

STATE OF California, DEPARTMENT OF CORRECTIONS, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND, NICK NAVARRO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANICK NAVARRO, Applicant, vs.STATE OF California, DEPARTMENT OF CORRECTIONS, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND, Defendant.Case No. ADJ3683114 (SAC 0367247)ADJ349326 (SAC 0370213)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant’s attorney (hereafter “petitioner”), on his own behalf, seeks reconsideration of the Joint Findings and Award issued by a workers’ compensation administrative law judge (WCJ) on October 22, 2009, wherein the WCJ found, as relevant here, that there was no indemnity payable from which an award of attorney’s fees could be made. The WCJ also found, based on the parties’ stipulations, that applicant, while employed as a correctional officer on April 24, 2005 (ADJ3683114) and on July 15, 2007 (ADJ349326), sustained industrial injury to his right knee, causing six broken periods of temporary disability for which he received industrial disability leave (IDL) in lieu of temporary disability. In ADJ3683114, the WCJ found that applicant’s injury caused additional temporary disability from September 14, 2007 through May 28, 2008.            Petitioner contends that he is entitled to an attorney’s fee, arguing that he provided services which resulted in monetary benefits for his client (i.e., the additional temporary disability from September 14, 2007 through May 28, 2008), and that an award of attorney’s fees should have been allowed based on the value of the additional temporary disability.            We have considered the petition for reconsideration and we have reviewed the record in this matter. No answer was received. The WCJ has filed a Report and Recommendation on Petition , for Reconsideration (Report), recommending that the petition be granted and that either a finding issue that a rea

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