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 (SDO 0267149), ADJ4317475 (SDO 0359844)ADJ4224537 (SRO 0130138), ADJ4649631 (SRO 0140956)OPINION AND DECISION AFTER RECONSIDERATION Defendant, Novato Unified School District (“Novato Unified”), seeks reconsideration of the Findings and Order of March 25, 2010, in which the workers’ compensation judge (WCJ) found, in relevant part, that applicant’s industrial injury of January 29, 2002 occurred when she “merely” twisted her body, that the need for temporary disability after January 29, 2002 is the sole responsibility of Novato Unified, and that liability for medical treatment after January 29, 2002 and in the future is divided 94% to San Diego Unified School District (“San Diego Unified”) and 6% to Novato Unified. Novato Unified contends, in substance, that the WCJ’s finding on liability for temporary disability is contradicted by the parties’ stipulations and by the medical opinion of Dr. Mandell, the Agreed Medical Evaluator (AME), that San Diego Unified is liable for 94% of temporary disability paid after January 29, 2002, and that the WCJ erred in not ordering San Diego Unified to pay Novato Unified School 94% of the permanent disability indemnity awarded to the injured worker. San Diego Unified filed an answer. The WCJ submitted a Report and Recommendation. As part of his decision herein, the WCJ adopted the following stipulations of the parties: A) In ADJ4357759/SDO 267149, applicant suffered a specific injury to her back on June 14, , 1999 while employed by San Diego Unified School District that has resulted in a 3% permanent disability.B) In ADJ4317475/SDO 359844, applicant sustained an admitted injury cumulative to her back through Jun
Susan Kujawa vs. San Diego Unified School District; Novato Unified School District
This case involves four workers' compensation claims filed by Susan Kujawa against the San Diego Unified School District and the Novato Unified School District. The Workers' Compensation Appeals Board found that the need for temporary disability after January 29, 2002 was divided 94% to San Diego Unified School District and 6% to Novato Unified School District. The Board also found that the issue of Novato Unified School District's overpayment of permanent disability indemnity was deferred pending adjustment by the parties or determination by the WCJ absent adjustment, jurisdiction reserved.
- Filed On:
- Court: California, San Diego
- Case No. ADJ4357759
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