PACIFIC TITAN, INC.; SEABRIGHT INSURANCE COMPANY PATRICK DESPRES WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPATRICK DESPRES, Applicant,vs.PACIFIC TITAN, INC.; SEABRIGHT INSURANCE COMPANY, Defendants.Case No. ADJ8336161(Anaheim District Office)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISIONAFTER RECONSIDERATION Defendant seeks reconsideration of the October 16, 2012 Findings & Award, wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a painter on September 23, 2011, sustained industrial injury to his left knee. The parties stipulated that applicant’s average weekly earnings were $577.50, warranting an indemnity rate of $385.00 per week for temporary total disability. The parties also stipulated that the employer paid temporary total disability indemnity from January 31, 2012 to May 11, 2012 at the rate of $385.50 per week, that the employer has furnished all medical treatment, and that the primary treating physicians were Perry Secor, MD, from January 2012 until August 2, 2012, and Navid Ghalmambor from August 2, 2012 to the present and continuing. The WCJ found that applicant did not unreasonably refuse offers to return to work, and that applicant was entitled to temporary total disability indemnity from May 12, 2012 to September 19, 2012 at the rate of $385.00 per week, less reasonable attorney’s fees of 15% of the awarded temporary total disability benefits. Defendant contends that the WCJ erred in finding that applicant did not unreasonably refuse offers to return to work, and that applicant was not entitled to temporary total disability indemnity from May 12, 2012 to September 19, 2012. , We have considered the Petition for Reconsideration and we have reviewed the record in this matter. We have not received an Answer. The WCJ prepared a Report and Recommendations for Reconsideration (Report), recommending that the Petition be denied. For the r
PATRICK DESPRES vs. PACIFIC TITAN, INC.; SEABRIGHT INSURANCE COMPANY
In this case, Patrick Despres, an employee of Pacific Titan, Inc., sustained an industrial injury to his left knee on September 23, 2011. The parties stipulated that his average weekly earnings were $577.50, warranting an indemnity rate of $385.00 per week for temporary total disability. The Workers' Compensation Appeals Board granted reconsideration of the October 16, 2012 Findings & Award, and amended the Award to find that Despres was not entitled to temporary total disability indemnity from May 12, 2012 to September 19, 2012, and that there was no award from which to award attorney's fees. The Board found that Despres had unreasonably refused offers to return to work, and that the purpose of
- Filed On:
- Court: Anaheim, California
- Case No. ADJ8336161
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.