Santiago Soto vs. Autozone, Inc.; U.s F&g, Administered By Gallagher Bassett

In this case, the Workers' Compensation Appeals Board affirmed the Amended Joint Findings and Award issued by a workers' compensation administrative law judge on October 19, 2010. The judge found that the applicant, while employed as a driver/delivery person, sustained industrial injury to his right and left knees on September 2, 2004, and to his cervical spine, lumbar spine and left shoulder on December 22, 2003. The judge awarded temporary disability benefits for the period from September 2, 2004, to and including April 27, 2007, and found that the applicant's injuries caused permanent disability of 6 percent and 28 percent, respectively. The Appeals Board found that the limitation of Labor Code section 4656, subdivision (c)(1) applied to the

Autozone, Inc.; U.S F&G, Administered By Gallagher Bassett Santiago Soto WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASANTIAGO SOTO, Applicant,vs.AUTOZONE, INC.; U.S. F& G, Administered By GALLAGHER BASSETT Defendants.Case No. ADJ1143788 (VNO 0517331)ADJ2670708 (VNO 0517332)OPINION AND DECISION AFTER RECONSIDERATION            On January 10, 2011, we granted reconsideration in order to further study the factual and legal issues raised in this matter. Defendant had sought reconsideration of the Amended Joint Findings and Award issued by a workers’ compensation administrative law judge (WCJ) on October 19, 2010.1 In Case Number ADJ1143788 (VNO 0517331), the WCJ found that applicant, while employed as a driver/delivery person on September 2, 2004, sustained industrial injury to his right and left knees, but not to his cervical spine, lumbar spine, shoulders or hips. In Case Number ADJ2670708 (VNO 0517332), the WCJ found that on December 22, 2003, applicant sustained industrial injury to his cervical spine, lumbar spine and left shoulder, but not to his knees, right shoulder or hips. Temporary disability (TD) was awarded jointly in both cases for the period from September 2, 2004, to and including April 27, 2007. The WCJ also found that the limitation of Labor Code section 4656, subdivision (c)(1) (hereafter “section 4656(c)(1)”), applied in ADJi143788, but that there was no such limitation in ADJ2670708. The WCJ awarded further medical treatment jointly in both cases, and found that applicant’s injuries caused permanent disability of 6 percent (ADJI 143788) and 28 percent (ADJ2670708). 1            Although the WCJ’s Opinion on Decision was dated October 14, 2010, and the Amended Joint Findings and Award was dated October 18, 2010, the documents were served on the parties on October 19, 2010. ,             Defendant contended that the WCJ erred in awarding applicant TD benefits for more than 104 weeks from September 4, 2006 to April 27, 2007 for applicant’s De

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