ROMAN MOTA PEREZ, Applicant
v.
SPR OP CO., INC., and REDWOOD FIRE and CASUALTY INSURANCE COMPANY, administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants Adjudication
No. ADJ12448965
California Workers Compensation Decisions
Workers’ Compensation Appeals Board State Of California
January 1, 2001
San
Francisco District Office
OPINION
AND ORDER DENYING PETITION FOR RECONSIDERATION
DEIDRA
E. LOWE, COMMISSIONER.
We have
considered the allegations of the Petition for
Reconsideration and the contents of the report of the
workers' compensation administrative law judge (WCJ) with
respect thereto. Based on our review of the record, and for
the reasons stated in the WCJ's report, which we adopt
and incorporate, we will deny reconsideration.
For the
foregoing reasons,
IT IS
ORDERED that the Petition for Reconsideration is DENIED.
I
CONCUR,
KATHERINE A. ZALEWSKI, CHAIR, JOSE H. RAZO, COMMISSIONER.
June
25, 2021
REPORT
AND RECOMMENDATION ON PETITION FOR RECONSIDERATION
ANTHONY N. CORSO, Workers' Compensation Judge.
Anthony
N. Corso, Workers' Compensation Judge, hereby submits his
report and recommendation on the Petition for Reconsideration
filed herein.
INTRODUCTION
Defendant's
Petition for Reconsideration seeks an order invalidating the
award of temporary disability issued in the Finding and Award
and Opinion on Decision. (Findings and Award, April 2, 2021,
EAMS DOC. ID: 74030284.) As the Defendant's arguments are
neither factually nor legally supported, the undersigned
recommends the Reconsideration be denied.
RELEVENT
FACTS
The
following facts are adopted and incorporated from the
original Opinion Decision.
The
Applicant, Roman Mota, while employed on October 18, 2018 in
Hay ward, California, by SPR Op. Co., Inc, sustained injury
arising out of and in the course of employment to his back.
At the time of injury, the employer's workers'
compensation carrier was Redwood Fire and Casualty Insurance
Company, administered by Berkshire Hathaway Homestate
Company.
At
trial on March 12, 2021 the parties stipulated to the
following facts: Following his industrial injury, the
Applicant continued working on modified duty until March 13,
2020; beginning March 14, 2020 the Applicant's employer
shut down following the COVID Pandemic. From March 14, 2020
through present and during all times in question the
Applicant has been on modified duty. The Applicant obtained
replacement employment beginning September 1, 2020.
DISCUSSION
1)
The Pandemic does not offer a distinct factual scenario
that offers employers a reprieve from their obligations under
California's workers' compensation system.
The
Defendant's argument that the Applicant was terminated
"for cause" unpersuasively attempts to redefine
well accepted terms. The Defendant's Petition for
Reconsideration depends entirely upon the erroneous
conclusion that "the Applicant was 'terminated for
cause' with the cause being the Pandemic and the
California government's orders." (Petition for
Reconsideration, EAMS Doc. ID: 36454132.) In support of this
the Defendant cites to Ramon Flores, Applicant v.
Wal-Mart Associates, Inc., National Union Fire Insurance
Company, Defendants, 2012 Cal. Wrk...
