Kristian Von Ritzhoff, vs. Ogden Entertainment Services, Et Al.,

In this case, Ogden Entertainment Services and Kristian Von Ritzhoff were in dispute over two decisions made by the Workers' Compensation Appeals Board. The decisions were related to the reimbursement of costs associated with taking the adjuster's deposition, the entitlement to continuing temporary total disability, and the advance of $250 for mileage reimbursement. After reconsideration, the Appeals Board affirmed the decisions of the WCJ, finding that the evidence supported the award of continuing temporary disability and mileage reimbursement, and that the defendant was to reimburse the applicant 75% of the costs for the adjuster's deposition. The Appeals Board also clarified that any other orders made by the WCJ and any other pending petitions should be resolved at the trial level.

OGDEN ENTERTAINMENT SERVICES, et al., KRISTIAN VON RITZHOFF, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKRISTIAN VON RITZHOFF, Applicant,vs.OGDEN ENTERTAINMENT SERVICES, Defendant(s).Case Nos. ADJ4599548 (MON 0212034)ADJ1776170 (MON 0224335)ADJ1414058 (MON 0246016)OPINION AND DECISION AFTER RECONSIDERATION            On July 30, 2009 we dismissed defendant’s petitions for removal and granted defendant’s petitions for reconsideration to allow time for us to receive and review the transcript of the April 23, 2009 expedited hearing. This is our Opinion and Decision After Reconsideration. Defendant had filed two petitions for removal or reconsideration, seeking review of two decisions dated May 18, 2009, and served on May 26, 2009: 1) the Order for 5811 Costs, wherein the workers’ compensation administrative law judge (WCJ) ordered defendant to reimburse applicant for 75% of the costs associated with taking the adjuster’s deposition, and 2) the Opinion, Findings and Order, wherein the WCJ found applicant entitled to continuing temporary total disability and ordered defendant to advance applicant $250.00 for mileage reimbursement.            Defendant contended the WCJ erred in ordering Labor Code section 5811 costs because that is not a proper subject for an expedited hearing and because the order is not based on any evidence as to the amount or reasonableness of the costs. Defendant contended that the evidence does not support the award of continuing temporary disability and mileage reimbursement and that defendant was denied due process by being deprived of the opportunity to cross-examine applicant. Defendant further contended the WCJ erred in awarding a permanent disability advance at the April 23, 2009 expedited hearing. ,             We have considered the Petitions for Reconsideration, applicant’s Answer, and the WCJ’s Report and Recommendation on Defendant’s Two Petitions for Reconsideration and/or Removal (Report); and we have reviewed the record,

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