COMMERCIAL INDUSTRIAL FINISHING and STATE COMPENSATION INSURANCE FUND, TIM PANDZIC, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATIM PANDZIC, Applicant,vs.COMMERCIAL INDUSTRIAL FINISHING and STATE COMPENSATION INSURANCE FUND, Defendants.Case Nos.ADJ1218003 (MF) (SBR0308128)ADJ2204113 (SBR0353225)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the Findings and Award filed in each of the cases referenced above on June 3, 2009. Applicant contends that the workers’ compensation administrative law judge (WCJ) erred in finding that he did not sustain injury AOE/COE to his internal organs, including urological system, bladder and bowel dysfunction. Additionally, applicant contends that the WCJ erred by finding that applicant is not entitled to penalties under Labor Code Section 5814 because defendant did not unreasonably delay in failing to stipulate to a 100% permanent disability award, and further erred by failing to assess penalties against defendant under Labor Code Section 5813 for forcing the case to trial. At the outset, we note that the WCJ has filed a detailed Report and Recommendation on the Petitions for Reconsideration (Report), in which he recommends that reconsideration be granted. Specifically, the WCJ recommends that reconsideration be granted to further develop the record on applicant’s claim of injury AOE/COE to the internal organs. Also, the WCJ recommends that the Findings and Award in each of the cases be amended. Further, the WCJ’s report advises that applicant has indicated a willinness to withdraw his petition with regard to the issues of pena4ty , and sanctions. The WCJ’s advisement is confirmed by our review of the record in these cases.1 We have considered the petitions for reconsideration, and we have reviewed the lengthy and complex record in this case, along with the WCJ’s report. We are persuaded that the most expeditious
Tim Pandzic, vs. Commercial Industrial Finishing And State Compensation Insurance Fund,
In this case, Tim Pandzic sought reconsideration of the Findings and Award filed in two cases on June 3, 2009. Pandzic argued that the workers' compensation administrative law judge (WCJ) erred in finding that he did not sustain injury AOE/COE to his internal organs, including urological system, bladder and bowel dysfunction. Additionally, Pandzic contended that the WCJ erred by finding that he was not entitled to penalties under Labor Code Section 5814 and by failing to assess penalties against the defendant under Labor Code Section 5813. The WCJ recommended that reconsideration be granted and the Findings and Award be amended. The Workers' Compensation Appeals Board granted the petition for reconsideration,
- Filed On:
- Court: California, San Bernardino
- Case No. ADJ1218003
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