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Mike Anderson vs. Baltimore Ravens Ace American Insurance Company Administered By Sedgwick Claims Management Services

BALTIMORE RAVENS ACE AMERICAN INSURANCE COMPANY Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES MIKE ANDERSON WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMIKE ANDERSON, Applicant,vs.BALTIMORE RAVENS; ACE AMERICANINSURANCE COMPANY, Administered BySEDGWICK CLAIMS MANAGEMENTSERVICES, Defendants.Case No. ADJ6587965(Santa Ana District Office)OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISIONAFTER RECONSIDERATION            Defendant seeks reconsideration of the May 12, 2014 Commutation Award issued by a workers’ compensation administrative law judge (WCJ), wherein the WCJ ordered commutation in the sum of $78,000.00. The commutation was to pay the $45,000.00 lien balance of Pre-Settlement Solutions (PSS),1 to pay applicant’s college tuition and related expenses, and to allow applicant to purchase a reliable vehicle. On March 26, 2012, in the underlying case, the WCJ issued a Findings and Award wherein she found that applicant, while employed as a professional football player, sustained industrial injury causing 78% permanent disability.            Defendant contends the WCJ erred in calculating applicant’s remaining benefit, arguing that the basis for the Award was an inaccurate Disability Evaluation Unit (DEU) commutation report that omitted $51,000.00 previously paid to PSS from applicant’s permanent disability balance. Defendant argues that the WCJ’s calculation results in a double recovery to applicant of more than $50,000.00.            We have considered the Petition for Reconsideration (Petition) and we have reviewed the record in this matter. Applicant filed an Answer. The WCJ has filed a Report and Recommendation of Workers’ Compensation Judge on Petition for Reconsideration (Report), recommending that the 1 We note that PSS was not a lien claimant of record at the time the case-in-chief was tried. It has not filed its lien in EAMS nor been listed as a case participant in this matter. , Commutation A ward be vacated, the Petition be denied, and

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