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Cherrice Morris Gaines vs. Ac Transit Permissibly Self-insured Adjusted By Sedgwick Claims Management Services

AC TRANSIT Permissibly Self-Insured Adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES CHERRICE MORRIS GAINES WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHERRICE MORRIS-GAINES, Applicant,vs.AC TRANSIT, Permissibly Self-Insured,Adjusted by SEDGWICK CLAIMSMANAGEMENT SERVICES, Defendants.Case Nos. ADJ6604427ADJ8192308(Oakland District Office)OPINION AND DECISIONAFTER RECONSIDERATION            On July 14, 2014, we granted applicant’s Petition for Reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in this case. This is our Decision After Reconsideration.            In ADJ6604427 applicant, while employed as a bus driver on May 30, 2007, sustained an industrial injury to multiple body parts. This case has not been resolved, and it is not before us.            In ADJ8192308 applicant, while employed as a bus driver during a cumulative trauma period ending April 1, 2011, sustained an industrial injury to her knee and back. After trial on May 13, 2013, the workers’ compensation administrative law judge (WCJ) issued a Findings and Award dated May 29, 2013. The WCJ found that applicant’s earnings at the time of injury were $882.50 per week, producing a temporary disability rate of $558.43 per week, and that she was entitled to temporary disability indemnity from April l, 2011, “through the present and continuing.” The finding as to earnings was based upon a stipulation of the parties in the Pretrial Conference Statement dated October 19, 2012. In our Opinion and Order Granting Reconsideration and Decision After Reconsideration dated August 13, 2013, we amended the award of temporary disability to 104 compensable weeks pursuant to Labor Code section 4656(c)(2 1 and otherwise affirmed the Findings and Award. Applicant did not file a petition for 1 Unless otherwise specified, all statutory references are to the Labor Code. , reconsideration as to the issue of earnings. She did file an answer to defendant’s petition, but

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