Tonie Ruiz vs. State Of California Department Of Social Services Ihss Legally Uninsured Administered By York Risk Services Group Inc

In this case, the State of California Department of Social Services IHSS, legally Uninsured, Administered by York Risk Services Group Inc., sought reconsideration of a May 14, 2014 Findings, Award and Orders issued by the workers' compensation administrative law judge (WCJ). The WCJ found that the applicant, while employed as a caregiver by Department of Social Services In-Home Supportive Services (IHSS), sustained an industrial injury on January 5, 2012, causing temporary disability and a need for medical treatment. The WCJ also found that the defendant paid temporary disability indemnity from May 1, 2012 to October 26, 2013. The WCJ found that the applicant was entitled to temporary disability from October 27, 2013

STATE OF CALIFORNIA DEPARTMENT OF SOCIAL SERVICES IHSS legally Uninsured Administered by YORK RISK SERVICES GROUP INC TONIE RUIZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATONIE RUIZ, Applicant,vs.STATE OF CALIFORNIA DEPARTMENT OFSOCIAL SERVICES IHSS, legally Uninsured,Administered By YORK RISK SERVICESGROUP, INC., Defendants.Case No. ADJ9290124(Marina Del Rey District Office)OPINION AND ORDER    GRANTING RECONSIDERATIONAND DECISION AFTER    RECONSIDERATION            Defendant seeks reconsideration of the May 14, 2014 Findings, Award and Orders issued by the workers’ compensation administrative law judge (WCJ), wherein the WCJ found that applicant, while employed as a caregiver by Department of Social Services In-Home Supportive Services (IHSS), sustained an industrial injury on January 5, 2012, causing temporary disability and a need for medical treatment. The WCJ also found that defendant paid temporary disability indemnity from May 1, 2012 to October 26, 2013. The WCJ found that applicant was entitled to temporary disability from October 27, 2013 and continuing subject to “Labor Code 4656(2),” until declared permanent and stationary (P&S) by a panel qualified medical evaluator (PQME) or agreed medical examiner (AME).            Defendant contends that the WCJ erred in awarding temporary disability benefits from October 27, 2013 onward until declared P&S by a PQME or AME. Defendant also contends the WCJ erred in failing to apply the doctrine of dual employment as set forth in In-Home Support Services, et. al. v. Workers’ Comp, Appeals Bd (Bouvia) (1984) 152 Cal.App.3d 720 [49 Cal.Comp.Cases 177], arguing that application of the dual employment doctrine would require a finding that defendant is not applicant’s only employer, and that it is not liable for temporary disability because it offered applicant modified work. Applicant filed an Answer. ,             We have considered the allegations of the Petition for Reconsideration, applicant’s Answer, a

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