WARREN BROWER vs. DAVID JONES CONSTRUCTION STATE COMPENSATION INSURANCE FUND

DAVID JONES CONSTRUCTION STATE COMPENSATION INSURANCE FUND WARREN BROWER WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWARREN BROWER, Applicant,vs.DAVID JONES CONSTRUCTION; STATECOMPENSATION INSURANCE FUND, Defendants.Case No. ADJ802221 (SJO 0258870)OPINION AND DECISIONAFTER RECONSIDERATION(EN BANC)            The Workers’ Compensation Appeals Board (Appeals Board) previously granted defendant’s and applicant’s Petitions for Reconsideration of the February 1, 2013 Findings and Award to further study the factual and legal issues. Thereafter, to secure uniformity of decision in the future, the Chairwoman of the Appeals Board, upon a majority vote of its members, assigned this case to the Appeals Board as a whole for an en bane decision.1            In the February 1, 2013 Findings and Award, the workers’ compensation administrative law judge (WCJ) found that applicant’s admitted December 20, 2005 injury to his low back, psyche and right knee caused temporary total disability from December 20, 2005 through October 6, 2011 and caused permanent total disability (100%). Although under Labor Code section 4656(c)(1) 2 applicant’s entitlement to temporary total disability indemnity payments ceased on December 20, 2007 (i.e., after 104 weeks of payment), the WCJ awarded permanent total disability indemnity commencing 1 En bane decisions of the Appeals Board are binding precedent on all Appeals Board panels and WCJs. (Cal. Code Regs., tit. 8, § 10341; Signature Fruit Co. v. Workers’ Comp. Appeals Bd. (Ochoa) (2006) 142 Cal.App.4th 790, 796, fn. 2 [71 Cal.Comp.Cases 1044] (Ochoa); Gee v. Workers’ Comp. Appeals Bd (2002) 96 Cal.App.4th 1418, 1425, fn. 6 [67 Cal.Comp.Cases 236].) In addition to being adopted as a precedent decision in accordance with Labor Code section 115 and Appeals Board Rule 10341, this en bane decision is also being adopted as a precedent decision in accordance with Government Code section 11425.60(b).2 All further statutory references are to the La

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