LANCASTER SCHOOL DISTRICT; TIG INSURANCE COMPANY; and AMERICAN CASUALTY INSURANCE COMPANY, WILLIAM ROCCO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWILLIAM ROCCO, Applicant,vs.LANCASTER SCHOOL DISTRICT; TIG INSURANCE COMPANY; and AMERICAN CASUALTY INSURANCE COMPANY, Defendants.Case No. ADJ613532 (VNO 0447332)ADJ1016953 (VNO 0447334)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant, TIG Insurance Company (TIG), seeks reconsideration of the Joint Findings and Award of September 15, 2009, wherein the workers’ compensation judge (WCJ) found, in essence, that applicant sustained admitted industrial injuries to his: 1) low back on June 10, 1999, while employed as a custodian by Lancaster School District, TIG’s insured on the date of injury; and 2) shoulders during a period through March 28, 2002, while employed as a custodian by Lancaster School District, American Casualty Insurance Company’s (American) insured on the date of injury, and that the injuries caused, among other things, a need for further medical treatment and temporary disability beginning on May 23, 2005, entitling applicant to further medical treatment and temporary disability indemnity (TDI) for an unspecified period of time. The WCJ further found that the cumulative injury caused 4% permanent disability, entitling applicant to permanent disability indemnity for that injury totaling $1680, and that the record requires further development regarding the extent of permanent disability caused by the specific injury. TIG contends that the WCJ erred in awarding applicant TDI, arguing that the issue was not raised for trial, that the lack of a finding of applicant’s TDI rate makes the award impossible to administer, that the WCJ failed to find whether the specific or the cumulative injury caused the temporary disability, and that the evidence does not support a finding that the cumulative injury caused the temporary disability. TIG further c
William Rocco, vs. Lancaster School District; Tig Insurance Company; And American Casualty Insurance Company,
In this case, William Rocco, an applicant, was awarded temporary disability indemnity (TDI) by the workers' compensation judge (WCJ) for admitted industrial injuries to his low back and shoulders. The WCJ also found that the cumulative injury caused 4% permanent disability, entitling applicant to permanent disability indemnity for that injury totaling $1680. The defendant, TIG Insurance Company (TIG), sought reconsideration of the Joint Findings and Award of September 15, 2009, arguing that the issue of TDI was not raised for trial, that the lack of a finding of applicant's TDI rate makes the award impossible to administer, and that the WCJ failed to find whether the specific or the cumulative injury caused
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ613532
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