WARNER BROTHERS STUDIO ENTERPRISES, Permissibly Self-Insured, TROY FOREMAN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATROY FOREMAN, Applicant,vs.WARNER BROTHERS STUDIO ENTERPRISES, Permissibly Self-Insured, Defendant(s).Case No. ADJ1152468 (MON 0356199)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Order issued by a workers’ compensation administrative law judge (WCJ) on June 22, 2009. In that decision, the WCJ found that applicant, while employed as a laborer on November 14, 2007, sustained industrial injury to his neck, back, left knee, right hand, right wrist and left heel. The WCJ further found, as relevant here, that applicant’s injury caused temporary disability through April 6, 2008 and that the employer overpaid temporary disability indemnity during the period from April 6, 2008 through April. 23, 2008, for which it is entitled to credit. The WCJ also found that applicant’s injury caused permanent disability of 29 percent payable at the rate of $270.00 per week until the 60′ day after April 6, 2008, at which time the rate was increased to $310.50 per week, less credit for the overpayment of temporary disability indemnity. The WCJ also found that the employer did not timely send applicant a Notice of Offer of Regular Work and did not accept applicant back at his regular work upon termination of his period of temporary disability. Defendant contends that the WCJ erred in finding that applicant became permanent and stationary on April 6, 2008, where Ronald Perelman, M.D., found applicant to be temporarily totally disabled on March 31, 2008 and extended this status an additional 30 days. Defendant also contends that applicant’s Award of permanent disability indemnity must be decreased by 15 , percent pursuant to Labor Code section 4658, subdivision (d)(3) as defendant made an offer of regular work to applicant on the proper forms a
Troy Foreman, vs. Warner Brothers Studio Enterprises, Permissibly Self-insured,
(MON 0356199)In this case, Warner Brothers Studio Enterprises was found to have overpaid temporary disability indemnity to Troy Foreman, an employee who sustained industrial injury to his neck, back, left knee, right hand, right wrist and left heel. The Workers' Compensation Appeals Board granted the petition for reconsideration and amended the award to reflect that the employer had timely sent the applicant a Notice of Offer of Regular Work and that the applicant's attorney's fee should be $4,900.00. The award was also amended to reflect that the permanent disability indemnity should be paid at the rate of $230.00 per week, with the 15 percent increase being applied to that rate after 60 days.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ1152468
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