DARRELL GREEN, INC.; STATE COMPENSATION INSURANCE FUND, TAMAS UJVARI, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATAMAS UJVARI, Applicant,vs.DARRELL GREEN, INC.; STATECOMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ970034 (SAC 0354057)OPINION AND DECISION AFTER RECONSIDERATION We previously granted applicant’s petition for reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Applicant sought reconsideration of the Findings, Award and Order of September 22, 2008, wherein the workers’ compensation administrative law judge (WCJ) found, in pertinent part, that applicant, while employed as a truck driver on June 7, 2005, sustained industrial injury to his right dominant. shoulder, causing permanent disability of 18 percent. Applicant contended the WCJ erred in finding 18 percent permanent disability, arguing that applicant presented substantial evidence to rebut the rating under the 2005 Schedule for Rating Permanent Disabilities and that the award should be increased 15 percent because applicant’s employer could not accommodate applicant’s limitations. We have considered the Petition for Reconsideration, defendant’s Answer, and the WCJ’s Report and Recommendation on Petition for Reconsideration (Report); and we have reviewed the record in this matter. For the reasons discussed below, we will amend the WCJ’s decision to defer the issues of permanent disability and attorney’s fees, otherwise affirm, and return the matter to the trial level , for further proceedings and decision. Because we are returning this matter for further proceedings on the issue of permanent disability, we deny applicant’s Request to File Supplemental Petition Upon Receipt of Trial Transcript (8 CCR § 10848). The WCJ summarized the background of this case, as follows, at pages 1-2 of his Report: “Applicant, Tamas Ujvari. born June 6, 1953, while empl
Tamas Ujvari, vs. Darrell Green, Inc.; State Compensation Insurance Fund,
This case is about a truck driver, Tamas Ujvari, who sustained an injury to his right dominant shoulder while employed by Darrell Green, Inc. and insured by the State Compensation Insurance Fund. Ujvari petitioned for reconsideration of the Findings, Award and Order of September 22, 2008, wherein the Workers' Compensation Administrative Law Judge (WCJ) found that the injury caused 18% permanent disability. The Appeals Board granted the petition for reconsideration and amended the WCJ's decision to defer the issues of permanent disability and attorney's fees, otherwise affirming, and returning the matter to the trial level for further proceedings and decision. The Appeals Board also denied Ujvari's Request to File Supplemental Petition Upon Receipt of Trial Transcript
- Filed On:
- Court: California, Sacramento
- Case No. ADJ970034
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