EARTHLINK, INC.; FEDERAL INSURANCE COMPANY, adjusted by CHUBB SERVICES CORPORATION, STEVEN WILLIAMS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASTEVEN WILLIAMS, Applicant,vs.EARTHLINK, INC.; FEDERAL INSURANCE COMPANY, adjusted by CHUBB SERVICES CORPORATION, Defendants.Case No. ADJ1626199 (SAC 0323236)OPINION AND DECISION AFTER RECONSIDERATION We previously granted applicant’s petition for reconsideration of our earlier April 14, 2009 Opinion And Order Granting Reconsideration And Decision After Reconsideration (Decision) wherein we granted defendant’s petition for reconsideration of the January 20, 2009 Findings and Award and Orders and Notice of Intention of the workers’ compensation administrative law judge (WCJ), who found in pertinent part that “Defendant shall reimburse EDD [Employment Development Department] $18,890.00 in full satisfaction of their lien less credit for the $13,500.00 previously paid, less the Labor Code § 4903.2 attorney fee awarded.” The WCJ further found that applicant incurred cumulative trauma industrial injury while employed as customer service representative by Earthlink, Inc. during the period ending January 3, 2003, causing a period of temporary disability from January 11, 2003 through January 30, 2004, with indemnity due at the rate of $346.03 per week, and that applicant’s attorney was entitled to a fee of “15% of the additional benefits $5,480.00 paid to EDD.” In our Decision, we reversed the WCJ’s decision requiring defendant to-pay additional money to EDD because the issue of EDD’s lien was earlier resolved by its agreement with defendant to accept $13,500.00 in full satisfaction of the lien claim. We entered a new decision finding that applicant is entitled to temporary total disability indemnity at the rate of $346.03 per , week for the period January 11, 2003 through January 30, 2004, with credit to defendant for the full value of the $18,890.00 paid by EDD to applicant during that
Steven Williams, vs. Earthlink, Inc.; Federal Insurance Company, Adjusted By Chubb Services Corporation,
This case involves a dispute between Steven Williams, the applicant, and Earthlink, Inc., Federal Insurance Company, and Chubb Services Corporation, the defendants. Williams claimed that he suffered a cumulative trauma industrial injury while employed as a customer service representative by Earthlink, Inc. The Workers' Compensation Appeals Board found that Williams was entitled to temporary total disability indemnity at the rate of $346.03 per week for the period January 11, 2003 through January 30, 2004, with credit to the defendants for the full value of the $18,890.00 paid by the Employment Development Department to Williams during that period, and with no additional money due Williams or his attorney. The Board also denied the parties' requests for sanctions against one another.
- Filed On:
- Court: California, Sacramento
- Case No. ADJ1626199
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