Wilbert Lee, vs. Coca-cola Bottling Co., Permissibly Self-insured, Adjusted By Sedgwick Cms,

This case involves Wilbert Lee, an applicant, and Coca-Cola Bottling Co., a defendant. Wilbert Lee was employed as a merchandiser and sustained an admitted industrial injury to his back and left shoulder, causing temporary disability from August 29, 2007 to the present and continuing. The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and found that Wilbert Lee was estopped from claiming temporary disability indemnity because he refused the defendant's offer of modified work. However, the Board later rescinded this decision and amended the Findings and Award of March 3, 2008 to find that Wilbert Lee was entitled to temporary disability indemnity corresponding to the period from November 21, 2007 to January 28, 2008, the period that

COCA-COLA BOTTLING CO., Permissibly Self-Insured, Adjusted By SEDGWICK CMS, WILBERT LEE, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWILBERT LEE, Applicant,vs.COCA-COLA BOTTLING CO., PermissiblySelf-Insured, Adjusted By SEDGWICK CMS, Defendant.Case No. ADJ4606826 (SJO 0265682)OPINION AND DECISION AFTER RECONSIDERATION            In order to further study the factual and legal issues in this case, on August 15, 2008, we granted applicant’s petition for reconsideration of our Decision after Reconsideration of May 27, 2008, wherein we granted the defendant’s petition for reconsideration and found that applicant was estopped from claiming temporary disability indemnity because he refused defendant’s offer of modified work. In so finding, we amended a workers’ compensation administrative law judge’s Findings and Award of March 3, 2008, wherein it was found that, while employed as a merchandiser during a cumulative period ending on August 22, 2007, applicant sustained admitted industrial injury to his back and left shoulder, causing temporary disability from August 29, 2007 to the present and continuing. The WCJ’s decision was issued after an expedited hearing which took place on February 29, 2008.            Applicant contends that we erred in finding that applicant was estopped from claiming temporary disability indemnity because he refused defendant’s offer of modified work. Alternatively, applicant contends that compensable temporary disability should be found at least from November 21, 2007, when agreed medical evaluator Ronald J. Fujimoto, D.O. found the applicant to be temporarily totally disabled. We have received an answer from the defendant.            As explained below, we will rescind our Decision after Reconsideration of May 27, 2008 and amend the Findings and Award of March 3, 2008 to find that applicant was entitled to , temporary disability indemnity corresponding to the period from November 21, 2007 to January 28, 2008, the period that appli

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