ZAK ENTERPRISES, INC.; STATE COMPENSATION INSURANCE FUND, TOMAS DEL VILLAR-MARTINEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATOMAS DEL VILLAR-MARTINEZ, Applicant,vs.ZAK ENTERPRISES, INC.; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ1530243 (SRO 0140032)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant and applicant each seek reconsideration of the September 25, 2009 Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found that the applicant was not totally temporarily disabled on April 23, 2006 and that the applicant was entitled to total temporary disability indemnity from March 24, 2007 through March 24, 2009. Previously, the parties stipulated that the applicant, while employed as a carpenter on April 19, 2006, sustained an industrial injury to his head, low back, neck, right shoulder and right arm. Defendant contends that the WCJ erred in finding that the applicant was not totally temporarily disabled in 2006, arguing that defendant appropriately paid a day of temporary disability on April 23, 2006. Defendant also contends that the WCJ erred in finding applicant entitled to temporary disability indemnity without taking into consideration applicant’s earnings or payments from the Employment Development Department (EDD). Applicant contends that the WCJ erred in finding that applicant is entitled to temporary disability indemnity beginning on March 24, 2007, arguing that applicant was not temporarily disabled until November 17, 2007 and defendant first correctly paid temporary disability indemnity on April 4, 2008. , We have considered the petitions for reconsideration, and we have reviewed the record in this matter. We have received an answer from applicant. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the applicant’s petition be granted to amend
Tomas Del Villar-martinez, vs. Zak Enterprises, Inc.; State Compensation Insurance Fund,
(SRO 0140032) is a case in which the applicant, Tomas Del Villar-Martinez, sought reconsideration of a September 25, 2009 Findings and Award, wherein the workers' compensation administrative law judge found that the applicant was not totally temporarily disabled on April 23, 2006 and was entitled to total temporary disability indemnity from March 24, 2007 through March 24, 2009. The Workers' Compensation Appeals Board granted the petition for reconsideration and amended the decision to find that April 4, 2008 is the date of commencement of payment of temporary disability and to award temporary disability indemnity less credit for earnings, prior payments, and less reimbursement to the Employment Development Department. The Board also found that the applicant was entitled to payment of temporary total
- Filed On:
- Court: California, Santa Rosa
- Case No. ADJ1530243
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