RENAISSANCE MARRIOTT LODGE and MARRIOTT CLAIMS SERVICES, SCOTT BENNETT, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASCOTT BENNETT, Applicant,vs.RENAISSANCE MARRIOTT LODGE and MARRIOTT CLAIMS SERVICES, Defendants.Case Nos. ADJ3629440 (SRO 0138263)ADJ2314354 (SRO 0138264)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the December 8, 2008 Joint Findings, Award and Order wherein the workers’ compensation administrative law judge (WCJ) found that the applicant, while Iii employed as a cook on December 17, 2005 (ADJ2314354) and cumulatively through June 6, 2006 (ADJ3629440), sustained an industrial injury to his low back causing the applicant to be totally temporarily disabled from June 6, 2006 to the present and continuing. Defendant contends that the WCJ erred in finding temporary disability from June 6, 2006 to the present and continuing, arguing that there is no substantial medical evidence to support the WCJ’s finding and therefore, the WCJ should have further developed the medical record. 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 for Reconsideration (Report), recommending that the petition be granted to amend the decision and find that the applicant was temporarily disabled from June 7, 2006 through October 1, 2007. For the reasons discussed by the WCJ in his report, which we adopt and incorporate by reference, we will grant reconsideration and amend the December 8, 2008 Joint Findings, Award and Order. , For the foregoing reasons, IT IS ORDERED that defendant’s Petition for Reconsideration of the December 8, 2008 Joint Findings, Award and Order is GRANTED. IT IS FURTHER ORDERED, as the Decision After Reconsideration of the Workers’ Compensation Appeals
Scott Bennett, vs. Renaissance Marriott Lodge And Marriott Claims Services,
In this case, Scott Bennett, an applicant, was seeking workers' compensation for an industrial injury to his low back. The workers' compensation administrative law judge (WCJ) found that the applicant was temporarily disabled from June 6, 2006 to the present and continuing. The defendant sought reconsideration of the decision, arguing that there was no substantial medical evidence to support the WCJ's finding. After considering the petition for reconsideration, the WCJ recommended that the petition be granted to amend the decision and find that the applicant was temporarily disabled from June 7, 2006 through October 1, 2007. The Workers' Compensation Appeals Board granted the petition for reconsideration and amended the December 8, 2008 Joint Findings, Award and Order to find that the
- Filed On:
- Court: California, Santa Rosa
- Case No. ADJ3629440
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