What the panel ordered
Petition for Reconsideration is denied.
Defendants filed a Petition for Reconsideration of the Findings of Fact and Award dated July 21, 2022, which corrected a scrivener's error in the temporary disability rate but did not change the disability period. The WCJ issued a report recommending denial of the petition, which the Board adopted.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Board affirmed the WCJ's award of temporary disability from April 8, 2021 through June 24, 2021, despite defendant's argument for a later start date, because the applicant testified to working modified duties during April 8-15, 2021 but did not amend the claim or provide evidence to alter the period.
From the decision · page 4The continuous trauma is pled August 4, 2008 through April 8, 2001. The applicant testified at trial, on or about April 8, 2021, Dr. James Kwok gave her work restrictions. (MOH/SOE, page 3, lines 12, 13) This is consistent with Joint Exhibit 1, the report of Dr. James Kwok dated April 8, 2021. (eams number 75524196) the applicant testified thereafter, she was still going into work, but doing modified work "for about a week," doing modified duties "until approximately April 15 or 16." She was working at CTC Fit Monitoring and IAS (Inmate Answering Services). (MOH/SOE, page 3, lines 17 - 18). On cross-examination, the witness confirmed she did work "between April 8, to April 15." ((MOH/SOE, page 5, line 15)