Orange Porter vs. Westec Gear Corporation; CNA Casualty Of California

This case involves Westec Gear Corporation and CNA Casualty of California in a workers' compensation dispute with Orange Porter. The administrative law judge found that Porter sustained a cumulative injury industrial injury to his cervical spine, extremities and psyche during the period from February 14, 1967 through August 15, 1994, which caused temporary disability for various periods payable at the rate of $418.19 per week, with credit for time worked and payments previously made, and permanent disability of 45 percent payable at the rate of $158.00 per week. The judge also found that Porter sustained a specific industrial injury to his cervical spine and extremities on October 8, 1990, which caused temporary disability from October 9, 1990 through April 8, 1991, payable at

Westec Gear Corporation; CNA Casualty of California Orange Porter WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAORANGE PORTER, Applicant,vs.WESTEC GEAR CORPORATION; CNA CASUALTY OF CALIFORNIA, Defendant(s).Case No. ADJ2006433 (LAO 0799986),ADJ2790090 (LBO 0278759)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION ANDDECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Joint Findings and Award issued by a workers’ compensation administrative law judge (WCJ) on March 26, 2010, wherein the WCJ found in ADJ2790090 that applicant sustained a cumulative injury industrial injury to his cervical spine, extremities and psyche during the period from February 14, 1967 through August 15, 1994, which caused temporary disability for various periods payable at the rate of $418.19 per week, with credit for time worked and payments previously made, and permanent disability of 45 percent payable at the rate of $158.00 per week. In ADJ2006433, the WCJ found that applicant sustained a specific industrial injury to his cervical spine and extremities on October 8, 1990, which caused temporary disability from October 9, 1990 through April 8, 1991, payable at the rate of $418.19 per week (less credit as described in ADJ2790090 above), and permanent disability of seven percent payable at the rate of $148.00 per week. With respect to credit for any overpayment of permanent disability, temporary disability and vocational rehabilitation maintenance allowance, the WCJ found that defendant was entitled to such credit “against other benefits awarded herein in those same species of benefits, but not against medical treatment or liens.” ,             In its Petition for Reconsideration, defendant contends that the WCJ erred in finding injury to applicant’s “extremities” without specifying whether the injury was to applicant’s upper or lower extremities. Defendant also contends that the WCJ erred in finding incorrect rates for temporary disability indemnit

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