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Geneva Aguilar vs. Star Auto Parts Employers Compensation Insurance Company

STAR AUTO PARTS EMPLOYERS COMPENSATION INSURANCE COMPANY GENEVA AGUILAR WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGENEVA AGUILAR, Applicant,vs.STAR AUTO PARTS; EMPLOYERSCOMPENSATION INSURANCE COMPANY, Defendants.Case No. ADJ8130208(Van Nuys District Office)OPINION AND ORDERDENYING PETITION FORRECONSIDERATION            Defendant seeks reconsideration of the Findings and Award (F&A) of April 30, 2014, wherein the workers’ compensation administrative law judge (WCJ) ordered the lien of the Employment Development Department (EDD) to be paid directly by defendant. It was previously stipulated on August 14, 2012 that the applicant sustained an industrial injury on October 28, 2009 to multiple body parts causing 14% permanent disability with payments to begin June 16, 2011 at $230.00 per week. The stipulations did not mention temporary disability paid, unpaid or claimed.            Defendant contends that it was error for the WCJ to allow EDD’s lien because applicant declined an offer of modified work within her work restrictions during the period of time when EDD paid benefits.            We have not received an Answer from applicant or EDD. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report) recommending denial of the petition.            Based on our review of the record, and for the reasons below, we deny the Petition for Reconsideration, and return this matter to the WCJ for further proceedings consistent with this opinion.BACKGROUND            Applicant claimed that while employed by defendant on October 28, 2009, she sustained injury arising out of and in the course of employment to her bilateral knees, low back, and left foot./ / / ,             On March 29, 2010, applicant was examined by her treating physician, Dr. Clifford Merkel. Under work status, Dr. Merkel stated:  “Work status: Patient is not currently working, as her employer does  not accept Modified duty.”            In his Disability Status note of the s

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