Trisha Peterson vs. The Iron Mule; And State Compensation Insurance Fund

The Iron Mule; And State Compensation Insurance Fund Trisha Peterson WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATRISHA PETERSON, Applicant,vs.THE IRON MULE; and STATE COMPENSATION INSURANCE FUND, Defendant.Case No. AHM0097551OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION A,FTER RECONSIDERATION AND NOTICE OF INTENTION TO IMPOSE CIVIL PENALTY (L.c. § 462lS, suM. (0.)            Applicant seeks reconsideration of the Findings & Award & Order of November 1, 2007, and the Amended Findings & Award & Order of November 21, 2007. In the initial decision, the workers’ compensation administrative law judge (WCJ) found, in essence, that applicant sustained an industrial injury to her neck, back, and psyche, but not to her left upper extremity, stomach, or head, on April 5, 2002, while employed as a bartender/manager by The Iron Mule, State Compensation Insurance Fund’s insured on the date of injury, and that the injury caused temporary total disability from April 6, 2002, through June 6, 2005. need for further medical treatment, and 41% permanent disability, entitling applicant to temporary disability indemnity (TDI) at the rate1 of $490 per week from April 6, 2002, through May 27. 2004, and $728 per week from May 28, 2004, through June 6. 2005, less the benefits paid to applicant by Employment Development Department (EDD) during the same periods, further medical treatment, and permanent disability indemnity totaling $34,510. The WCJ disallowed EDD’s lien claim for the benefits it paid during the period from June 7, 2005, through January 31, 2006. The WCJ further found, in relevant part, that defendant’s conduct, regarding its denial of liability for applicant’s injury made approximately three years after the date of injury and after defendant accepted liability and provided benefits, does not warrant the imposition of sanctions, costs, or attorneys’ fees pursuant to Labor Code section 1 The panics stipulated at trial that applicant’s average weekly earnings

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