SUNRAY TERMITE CONTROL, INC., and NATIONAL LIABILITY AND FIRE, Adjusted by BERKSHIRE HATHAWAY, STEVEN BOWDEN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASTEVEN BOWDEN, Applicant,vs.SUNRAY TERMITE CONTROL, INC., and NATIONAL LIABILITY AND FIRE, Adjusted by BERKSHIRE HATHAWAY, Defendants.Case No. ADJ4536632 (SJO 0263192)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant, National Liability and Fire, adjusted by Berkshire Hathaway Home state Company, on behalf of its insured, Sunray Termite Control, Inc., seeks reconsideration of the Findings, Award and Order, issued October 6, 2009, in which a workers’ compensation administrative law judge (WCJ) found that as a result of his November 10, 2006 industrial injury to his low back, applicant Steven Bowden, sustained permanent disability of 44%, after adjustment for his Diminished Future Earnings Capacity (DFEC), concluding applicant had successfully rebutted the scheduled rating with regard to the DFEC adjustment factor. Applicant was awarded i permanent disability in the sum of $52,670.00, less credit for permanent disability advances of $18,540.00, a temporary disability overpayment of $6,281.58, and attorney fees of $7,900.00. The parties were ordered to adjust the potential lien of the Employment Development Department (EDD). Defendant contends the WCJ’s upward adjustment of applicant’s permanent disability is in error, as it relies upon the application of the Appeals Board’s en bane decision in Ogilvie v City and County of San Francisco (2009) 74 Cal.Comp.Cases 1127, which is currently on appeal before the District Court of Appeal. Defendant asserts that a final determination in this matter should , await the outcome of the appeal in Ogilvie, as the parties have stipulated that applicant would only be entitled to 26% permanent disability if Ogilvie is not applicable or is overturned. Defendant asserts that if it is required to pay the current awa
Steven Bowden, vs. Sunray Termite Control, Inc., And National Liability And Fire, Adjusted By Berkshire Hathaway,
(SJO 0263192) is a case in which defendant, National Liability and Fire, adjusted by Berkshire Hathaway Home state Company, on behalf of its insured, Sunray Termite Control, Inc., sought reconsideration of the Findings, Award and Order, issued October 6, 2009, in which a workers' compensation administrative law judge (WCJ) found that as a result of his November 10, 2006 industrial injury to his low back, applicant Steven Bowden, sustained permanent disability of 44%, after adjustment for his Diminished Future Earnings Capacity (DFEC). The parties stipulated that absent the application of the principles set forth in Ogilvie, for the modification of the DFEC factors, applicant's permanent disability for
- Filed On:
- Court: California, San Jose
- Case No. ADJ4536632
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