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Tina Chu vs. California Commerce Club Casino; Travelers Insurance Company

California Commerce Club Casino; Travelers Insurance Company Tina Chu WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATINA CHU, Applicant,vs.CALIFORNIA COMMERCE CLUB CASINO; TRAVELERS INSURANCE COMPANY, Defendants.Case Nos. ADJ103803 (LAO 0845173) OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION             Applicant seeks reconsideration of the July 8, 2011 Findings and Order issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ found that the Compromise and Release in this matter was properly paid and that all other issues were moot. Based on these findings, the WCJ ordered that applicant take nothing further. Previously, the underlying matter was resolved by a January 21, 2010 Order Approving Compromise and Release (OACR) for $105,000.00. Following additional proceedings, this matter was set for trial on the issue of whether the Compromise and Release (C&R) was properly paid. Thereafter, the WCJ issued the decision from which applicant seeks reconsideration herein.            Applicant contends that the WCJ erred in failing to find that defendant underpaid the Compromise and Release by $7,957.02. Applicant argues that, as part of the settlement agreement, the parties stipulated to permanent disability advances in the amount of $28,702.98 through September 11, 2009 and to permanent disability advances subject to proof beyond that date. Applicant further argues that permanent disability advances made by defendant after September 11, 2009 amounted only to $3,300.00 and that, therefore, defendant is only entitled to credit for permanent disability advances equal to $32,002.98. Finally, applicant argues that defendant improperly deducted permanent disability , advances of $39,600.00 underpaying applicant by $7,957.021.            Defendant did not file an answer. The WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration


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