Dumitru Dragan vs. Philips Electronics North America And XL Insurance Group, Administered By Gallagher Bassett Services, Inc.

This case involves a dispute between Philips Electronics North America and XL Insurance Group, Administered By Gallagher Bassett Services, Inc. and Dumitru Dragan. Dragan sought reconsideration of the March 8, 2010 Findings, Award and Orders issued by a workers' compensation administrative law judge (WCJ), wherein the WCJ found that Dragan sustained industrial injury to his right shoulder, right wrist, back and neck while employed as a mechanical engineer on September 7, 2007. The WCJ found that Dragan sustained no period of temporary disability, and his condition became permanent and stationary on November 11, 2008. The WCJ further found that Dragan sustained permanent disability of 31 percent, payable in the total sum of $31,740.00

Philips Electronics North America and XL Insurance Group, Administered By Gallagher Bassett Services, Inc. Dumitru Dragan WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADUMITRU DRAGAN, Applicant,vs.PHILIPS ELECTRONICS NORTH AMERICA and XL INSURANCE GROUP,Administered By GALLAGHER BASSETT SERVICES, INC., Defendant(s).Case No. ADJ6636688OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION ANDDECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of the March 8, 2010 Findings, Award and Orders issued by a workers’ compensation administrative law judge (WCJ), wherein the WCJ found that applicant sustained industrial injury to his right shoulder, right wrist, back and neck while employed as a mechanical engineer on September 7, 2007. As relevant here, the WCJ also found that applicant sustained no period of temporary disability, and his condition became permanent and stationary on November 11, 2008. The WCJ further found that applicant sustained permanent disability of 31 percent, payable in the total sum of $31,740.00, beginning November 12, 2008, less full credit to defendant for indemnity payments paid from November 12, 2008 through January 5, 2009, and for credit in the amount of $230.00 per week for indemnity payments made during the period from September 9, 2007 through November 11, 2008.            In his Petition for Reconsideration, applicant contends, in essence, that the WCJ erred in finding there was no period of temporary disability as the report of the Agreed Medical Evaluator (AME), David J. Graubard, M.D., upon which the WCJ relied, did not constitute substantial evidence. Applicant also contends that the WCJ erred in allowing defendant partial credit of , temporary disability benefits paid to applicant where applicant was terminated without proof of misconduct and never offered modified work. Applicant lastly contends that the WCJ erred in awarding him $31,746.00 permanent disability benefits because the employer did not o

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