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Everardo Vasquez vs. Gdt Framing Inc Zurich North America Insurance Company

GDT FRAMING INC ZURICH NORTH AMERICA INSURANCE COMPANY EVERARDO VASQUEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEVERARDO VASQUEZ, Applicant,vs.GDT FRAMING, INC.; ZURICH NORTHAMERICA INSURANCE COMPANY, Defendants.Case No. ADJ6781905(Anaheim District Office)OPINION AND ORDERDISMISSING PETITION FORRECONSIDERATIONAND PETITIONFOR REMOVAL            Defendant, Zurich North America· Insurance Company, seeks reconsideration or, in the alternative, removal of the Minute Order issued by the workers’ compensation administrative law judge (WCJ) at the May 6, 2014 expedited hearing. In that Minute Order, the WCJ stated in pertinent part that: (1) “defendant will pay 104 weeks of TTD [temporary total disability indemnity], less TTD paid, which leaves approximately 40 addn [additional) weeks of TTD … “; (2) “if it is determined that the applicant was P&S [permanent and stationary] and not entitled to TD paid, defense may take credit”; and (3) “all other TTD issues are deferred.” The WCJ then ordered the matter off calendar.            In its petition, defendant contends that, under Labor Code section 4656(c)(2), “[a]ggregate disability payments for single injury occurring on or after January 1, 2008, causing temporary disability shall not extend for more than 104 compensable weeks within a period of five years from the date of injury.” Defendant asserts, therefore, that applicant was not entitled to any temporary disability indemnity beginning January 24, 2014, five years after his date of injury.            For the reasons that follow, we will dismiss defendant’s petition.            Labor Code section 5905 provides: “A copy of the petition for reconsideration shall be served forth with upon all adverse parties by the person petitioning for reconsideration.” The term “shall” is mandatory language. (Lab. Code,§ 15.) Moreover, WCAB Rule 10850 states that “service of copies of , any petition for reconsideration … shall be made … on all parties to the case” and


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