Susan Kujawa vs. San Diego Unified School District; Novato Unified School District

This case involves a dispute between the San Diego Unified School District and the Novato Unified School District over the apportionment of liability for temporary disability benefits paid to Susan Kujawa. The Workers' Compensation Appeals Board found that the need for temporary disability after January 29, 2002 should be divided 94% to San Diego Unified School District and 6% to Novato Unified School District. This decision was based on the stipulations of the parties, the medical opinion of the Agreed Medical Evaluator, and the apportionment of liability for medical treatment found by the WCJ. The petition for reconsideration filed by San Diego Unified School District was denied.

San Diego Unified School District; Novato Unified School District Susan Kujawa WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASUSAN KUJAWA, Applicant,vs.SAN DIEGO UNIFIED SCHOOL DISTRICT; NOVATO UNIFIED SCHOOL DISTRICT, Defendant(s).Case No. ADJ4357759; ADJ43117475OPINION AND DECISION AFTER RECONSIDERATION            Defendant, San Diego Unified School Districi (“petitioner”), seeks reconsideration of this Appeals Board’s “Opinion and Order Granting Reconsideration and Decision After Reconsideration” of June 21, 2010, in which we granted reconsideration of the Findings and Award issued by the workers’ compensation judge (WCJ) on March 25, 2010, and we reversed lhe WCJ on apportionment of liability for temporary disability. In reversing the WCJ, we found that “the need for temporary disability after January 29, 2002 is divided 94% to San Diego Unified School District and 6% to Novato Unified School District.”            Petitioner contends, in substance, that the Board has no jurisdiction to grant reimbursement for temporary disability paid by Novato more than five years after applicant’s injuries with petitioner, and that the Board erred in relying on the medical opinion of Dr. Mandcll, the Agreed Medical Evaluator (AME).            Novato Unified School District filed an answer.            With regard to jurisdiction to award temporary disability after five years from the date of injury, petitioner’s reliance on Labor Code sections 5803, 5804. and 5410 is misplaced. These statutes pertain to the reopening of prior awards, and there w’ere no prior awards in issue at the trial ; hearing of January 26, 2010. Rather, the Minutes of Hearing (MOH) of that date indicate that all | , four of applicant’s claims of injury against petitioner and Novato were settled between the respective parties by Stipulations and Awards approved on January 26, 2010. Applicant’s claims , of injury are original claims, and the issue of temporary disability in all claims remained ou

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