Shawn Mcmillian, vs. Pointer Enterprises 416, Inc.; And California Restaurant Mutual Benefit Corporation,

(RDG 0122630)In this case, Pointer Enterprises 416, Inc. and California Restaurant Mutual Benefit Corporation appealed a decision by the Workers' Compensation Appeals Board that found that Shawn McMillian, the applicant, had sustained an admitted industrial injury to his neck and back on December 8, 2005, while employed as a crew person by Pointer Enterprises 416, Inc. The decision awarded McMillian temporary disability indemnity, further medical treatment, and permanent disability indemnity totaling $5,280, plus a 15% increase in permanent disability payment pursuant to Labor Code section 4658(d)(2) and a $4,000 supplemental job displacement voucher pursuant to section 4658.5. The Appeals Board granted reconsideration, rescinded the decision

POINTER ENTERPRISES 416, INC.; and CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION, SHAWN McMILLIAN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHAWN McMILLIAN, Applicant,vs.POINTER ENTERPRISES 416, INC.; andCALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION, Defendant.Case No. ADJ2089309 (RDG 0122630)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Findings and Award and Order of May 29, 2009, wherein the workers’ compensation judge (WCJ) found that applicant sustained an admitted industrial injury to his neck and back on December 8, 2005, while employed as a crew person by Pointer Enterprises 416, Inc., California Restaurant Mutual Benefit Corporation’s insured on the date of injury, and that the injury caused, among other things, temporary disability from January 6, 2006, through June 7, 2006 (with jurisdiction reserved as to other periods of temporary disability because it was “impossible to tell” on the record whether applicant was compensated for all periods of temporary disability), a need for further medical treatment, and 8% permanent disability, entitling applicant to temporary disability indemnity (TDI) for the above-noted period, further medical treatment, and permanent disability indemnity totaling $5,280, plus a 15% increase in permanent disability payment pursuant to Labor Code section 4658(d)(2)1 and a $4,000 supplemental job displacement voucher pursuant to section 4658.5. The WCJ also deferred all issues of penalties, but stated her intention to impose a 25% on defendant, pursuant to section 5814, for its “failure to timely pay permanent disability benefits” for the period from January 4, 1All further statutory references are to the Labor Code. , 2006, through January 17, 2007 (“not to exceed 24 weeks in total”), if it did not object within 30 days and set forth good cause as to why the penalty should not be imposed.            Defendant contends that the WCJ e

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