AMERICAN STANDARD; TRAVELERS INSURANCE COMPANY, RON HOVET, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARON HOVET, Applicant,vs.AMERICAN STANDARD; TRAVELERSINSURANCE COMPANY, DefendantCase Nos. ADJ4363753 (VNO 0503838)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Order issued by the workers’ compensation administrative law judge (WCJ) on October 21, 2008, wherein the WCJ found that applicant, while employed as a territory manager on August 8, 2003, sustained industrial injury to his right foot and back. The WCJ also found applicant was entitled to an award of temporary disability indemnity (TDI) from August 29, 2008, and continuing. Defendant contends the WCJ erred in awarding temporary disability indemnity (TDI) beyond five years from the date of injury, arguing that the Workers’ Compensation Appeals Board (WCAB) does not have jurisdiction to award temporary total disability benefits when the period of disability begins more than five years after the date of injury. We have considered the petition for reconsideration and we have reviewed the record in this matter. Applicant filed an answer. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that a clerical error in the caption of the award be corrected, and the petition otherwise be denied. For the reasons discussed below, we will grant reconsideration, amend the October 21, 2008 Findings and Order, defer the date that TDI commences, and correct a clerical error in the caption of the Order. We will affirm the WCJ’s October 21, 2008 decision in all other respects. , FACTS As relevant here, applicant sustained an admitted injury on August 8, 2003. The parties agreed to utilize agreed medical examiner (AME) in orthopedics, Scott Baden, M.D. In his November 7, 2007 report, Dr. Baden found applicant had reached maximum med
Ron Hovet, vs. American Standard; Travelers Insurance Company,
(VNO 0503838)This case involves a dispute between Ron Hovet, the applicant, and American Standard; Travelers Insurance Company, the defendant. The defendant sought reconsideration of the Findings and Order issued by the workers' compensation administrative law judge (WCJ) on October 21, 2008, wherein the WCJ found that the applicant, while employed as a territory manager on August 8, 2003, sustained industrial injury to his right foot and back. The WCJ also found the applicant was entitled to an award of temporary disability indemnity (TDI) from August 29, 2008, and continuing. The defendant argued the WCJ erred in awarding TDI beyond five years from the date of injury, but the WCAB
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ4363753
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