Sea World, Inc., Pacific Employers Insurance; Ace Property and Casualty Insurance Company Pernell Prytherch WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPERNELL PRYTHERCH, Applicant,vs.SEA WORLD, INC.; PACIFIC RECONSIDERATION EMPLOYERS INSURANCE; ACEPROPERTY AND CASUALTY INSURANCE COMPANY, Defendants.Case No. ADJ3255403 (SDO 0310451),ADJ1056369 (SDO 0343450)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the November 17, 2009 Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found that the applicant, while employed as a visual merchandiser on February 28, 1992, sustained an industrial injury to his back, psyche, left elbow, and both upper extremities that caused 25% permanent disability. The WCJ also found that the applicant sustained a second industrial injury to his back, psyche, and left elbow on July 7, 1994 that caused 75% permanent disability. The WCJ found that both injuries became permanent and stationary on May 18, 2006 and that defendant was entitled to a credit for overpayment of temporary disability from May 19, 2006 through November 25, 2006. The WCJ found applicant’s attorney was entitled to an attorney’s fee of 20% of the permanent disability awarded. Defendant contends that the WCJ erred in failing to determine with specificity the applicant’s attorney’s fee. Defendant also contends that the WCJ erred in finding that the applicant’s injuries became permanent and stationary on May 18, 2006, arguing that the injuries became permanent and stationary on December 19, 2003, and, accordingly, defendant is entitled to a credit for overpayment of temporary disability from December 19, 2003 through November 25, 2006. , We have considered the petition for reconsideration, and we have reviewed the record in this matter. We have received an answer from applicant. The WCJ has filed a Report and Recommendation on Petition
Pernell Prytherch vs. Sea World, Inc., Pacific Employers Insurance; Ace Property And Casualty Insurance Company
In this case, Pernell Prytherch, an applicant, was employed as a visual merchandiser on February 28, 1992 and sustained an industrial injury to his back, psyche, left elbow, and both upper extremities that caused 25% permanent disability. The applicant also sustained a second industrial injury to his back, psyche, and left elbow on July 7, 1994 that caused 75% permanent disability. The Workers' Compensation Appeals Board granted reconsideration and amended the November 17, 2009 Findings and Award to clarify the award of an attorney's fee and affirmed the decision. The Board also found that the injuries became permanent and stationary on May 18, 2006 and that the defendant was entitled to a credit for overpayment of temporary disability from
- Filed On:
- Court: California, San Diego
- Case No. ADJ3255403
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