Jose Gonzalez Castro, vs. Furniture Design Center; Procentury Insurance, Administered By Illinois Midwest Insurance Company,

In this case, Jose Gonzalez Castro was employed as a delivery person on March 5, 2014 and sustained industrial injury to his right hip, right elbow, right ankle, neck, lumbar spine, and right shoulder. The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration and amended the January 10, 2017 Findings and Award to reflect the correct amount of credit for permanent disability indemnity benefits advances and temporary disability indemnity benefits overpayment. The Board also affirmed the WCJ's decision and awarded Mr. Gonzalez Castro permanent disability in the total amount of $70,470.00, payable at the rate of $290.00 per week, commencing March 18, 2015, less credit for permanent disability advances

Furniture Design Center; Procentury Insurance, Administered By Illinois Midwest Insurance Company, Jose Gonzalez Castro, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE GONZALEZ CASTRO,Applicant,vs.FURNITURE DESIGN CENTER; PROCENTURY INSURANCE, Administered By ILLINOIS MIDWEST INSURANCE COMPANY,Defendants.Case No. ADJ9694008(Santa Rosa District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the January 10, 2017 Findings and Award (F&A), wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a delivery person on March 5, 2014, sustained industrial injury to his right hip, right elbow, right ankle, neck, lumbar spine, and right shoulder. The WCJ found that there was no basis for apportionment, and found that defendant was entitled to a credit against permanent disability indemnity benefits for an overpayment of temporary disability indemnity benefits.            Defendant contends that the WCJ erred in finding no basis for apportionment. Defendant also contends that the WCJ erred in his calculation of the amount of overpayment of temporary disability indemnity benefits.            We have reviewed applicant’s Answer. The WC] prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition for Reconsideration (Petition) be granted to make corrections as necessary to clarify the WCJ’s decision regarding credit for permanent disability indemnity benefits advances as well as for temporary disability indemnity benefits overpayment. The WCJ recommended that the January 10, 2017 F&A be otherwise affirmed.            We have considered the Petition, the Answer, and the contents of the Report, and we have reviewed the record in this matter. For the reasons set forth in the WCJ’s Report, which we adopt and , incorporate, we will grant reconsideration, amend the January 10, 2

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