Sandra Vasquez vs. The Eastridge Group National Union Fire Insurance Company Of Pittsburgh Pa Administered By Tristar Risk Management

In this case, Sandra Vasquez sought workers' compensation for injuries to her right wrist, lumbar spine, right shoulder, and right elbow sustained on August 26, 2008. The Workers' Compensation Appeals Board granted her Petition for Reconsideration and found that she was entitled to an additional award of temporary disability indemnity from December 9, 2010 through May 5, 2011 and that the defendant was not entitled to a credit for overpayment of temporary disability indemnity. The Board also found that she sustained industrial injury to her right wrist, lumbar spine, right shoulder, and right elbow, but did not sustain injury to her cervical spine/neck or her left shoulder, and that her injury caused permanent disability of 15%.

THE EASTRIDGE GROUP NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA administered by TRISTAR RISK MANAGEMENT SANDRA VASQUEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASANDRA VASQUEZ, Applicant,vs.THE EASTRIDGE GROUP; NATIONALUNION FIRE INSURANCE COMPANY OFPITTSBURGH, PA administered by TRISTARRISK MANAGEMENT, Defendants.Case No. ADJ6474657(Anaheim District Office)OPINION AND DECISIONAFTER RECONSIDERATION            We granted applicant’s Petition for Reconsideration on May 16, 2014 to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration.            Applicant sought reconsideration of the Findings and Award (F&A) issued on February 21, 2014 by a workers’ compensation administrative law judge (WCJ). The WCJ found that applicant sustained industrial injury to her right wrist, lumbar spine, right shoulder, and right elbow on August 26, 2008, but did not sustain injury to her cervical spine/neck or her left shoulder. Additionally, the WCJ found that applicant’s injury caused permanent disability of 15%, that applicant was entitled to temporary disability indemnity only up to November 13, 2009 because of the two-year cap under Labor Code 1 section 4656(c)(1), and that defendant was entitled to a credit for overpayment of temporary disability indemnity.            Applicant contended that substantial medical evidence exists to support her claimed injuries to her neck and left shoulder; that the WCJ should not have relied on the opinions of the panel Qualified Medical Evaluator (QME) as to her level of permanent disability; that under section 4656(c)(2), she is entitled to further temporary disability indemnity; and, that defendant is not entitled to a credit. 1 Unless otherwise stated, all statutory references are to the Labor Code. ,             We received an Answer from defendant. We received a Report and Recommendation (Report) from the WCJ in response to the Petition for Reconsideration, which

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