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EUDOCIA GONZALEZ vs. DIANNE SIBILLE ALLSTATE INSURANCE COMPANY

DIANNE SIBILLE ALLSTATE INSURANCE COMPANY EUDOCIA GONZALEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEUDOCIA GONZALEZ, Applicant,vs.DIANNE SIBILLE; ALLSTATE INSURANCECOMPANY, Defendants.Case No. ADJ3248672 (AHM 0146585)    OPINION AND ORDER    GRANTING PETITION FOR    RECONSIDERATIONAND DECISION AFTER    RECONSIDERATION            Defendant seeks reconsideration of the Findings, Award and Order issued March 27, 2014, wherein the workers’ compensation administrative law judge (WCJ) found that applicant sustained an industrial injury to her low back, gastrointestinal system and psyche on December 19, 2006 while employed as a housekeeper. The WCJ also found: (1) that applicant’s earnings at the time of injury were $313.95 per week; (2) that applicant was entitled to a permanent disability award of 42% equivalent to 215 weeks of indemnity payable at the rate of $209.31 per week, in the total sum of $49,450.00 less credit for permanent disability previously paid and less credit for overpayment of temporary disability “payable forthwith”; and (3) that defendant is entitled to credit for overpayment of temporary disability paid at the weekly rate of $209.31 from December 20, 2006 through January 11, 2009 in the sum of $687.73. The WCJ ordered that defendant was entitled to a credit for overpayment of temporary disability in the amount of $687.73 and the balance of defendant’s claim for credit was denied. In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ noted that defendant had a potential claim for credit in the amount of $11,500.00 for overpayment of temporary disability paid from December 20, 2006 through December 19, 2008 at the incorrect weekly rate of $320.01, and a claim for credit for payment of temporary disability beyond the 104-week maximum for the period December 20, 2008 – January 11, 2009 in the amount of $960.03. However, the WCJ sets forth the factual and legal basis which allowed, in the WCJ’s discretion, to lim

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