What the panel ordered
Findings and Award of September 30, 2020, rescinded; compromise and release settlement approved.
Defendant petitioned for reconsideration of the WCJ Findings and Award; WCJ report recommended denial; parties settled by compromise and release; WCAB issued decision after reconsideration approving settlement and rescinding prior award.
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 WCJ found additional temporary disability and assessed a 25% penalty for unpaid temporary disability indemnity; defendant contested these findings but the WCJ report recommended denial of reconsideration; the parties ultimately settled by compromise and release, which was approved by the WCAB.
From the decision · page 1I. Defendant, Los Angeles Unified School District, petitions for reconsideration of the Findings and Award issued by the workers' compensation administrative law judge (WCJ) on September 30, 2020, in cases ADJ8659199 and ADJ11383631. In that decision, the WCJ found that applicant's industrial injuries while employed by defendant as a secondary teacher during a cumulative period ending November 29, 2012 to her lumbar spine, right hip, right ankle, including a station/gait derangement, and psyche (case ADJ8659199) and on February 4, 2016, to her right shoulder (case ADJ11383631) caused additional temporary partial and total disability from June 15, 2016, through October 17, 2017. The WCJ also assessed a penalty under Labor Code section 5814 of 25% of the unpaid temporary disability indemnity. In addition, the WCJ found that applicant's injury in case ADJ8659199 caused permanent partial disability of 55%. Defendant contends in its petition for reconsideration that the WCJ erred in finding additional temporary disability, the compensation rate for temporary disability and unreasonable delay under Labor Code section 5814. Applicant filed an answer to the petition for reconsideration contending that the petition for reconsideration should be denied, but requesting that amendments to the awards of temporary and permanent disability indemnity.