I appeared under the supervision of the handling attorney, Mr. Joseph C. Yrulegui, at the Mandatory Settlement Conference on April 27, 2017. Mr. Yrulegui and I were in constant communication. I arrived at the Board at approximately 1:30 p.m. and left at approximately 5:00 p.m. The applicant was present and represented by Mr. David Ibarra. Ms. Dora Canales provided the interpreting services. Ms. Annette Castanon appeared representing the interest of the Employment Development Department. This matter was originally set in front of the Honorable Judge William Gunn, but he is no longer in the Fresno Workers’ Compensation Appeals Board. As such, the Honorable Judge Thomas Heslin, presided over this matter.
Background
We have a finalized report from the following doctors: Agreed Medical Evaluator, Dr. Allen Sanders (orthopedic), Panel Qualified Medical Evaluator, Dr. Michael S. Kesselman (psyche), PQME, Dr. William M. Gabriel (dental), and PQME, Dr. Steven …show more content…
Employment Development Department
We were initially under the impression that EDD would be providing us clearance at the Board based on our prior communication with another representative from EDD. Our argument to EDD was we are not responsible to pay applicant’s indemnity benefit during “off-season” work period from February 9, 2014 through July 6, 2014. We made a voluntary reimbursement of $10,684.38 with the intention to cover the “in-season” from July 7, 2014 through February 16, 2015.
Interestingly, Annette from EDD informed me even without considering the benefits paid during the “off-season” period, there remains to be a balance of $1,200.57. At first, she was under the impression that our temporary disability benefit rate was $445.21, which is higher than the rate we reimbursed the EDD voluntarily. Therefore, there is still a difference. However, I soon noticed that this is not the case. Annette returned to her office to look into this
Background
We have a finalized report from the following doctors: Agreed Medical Evaluator, Dr. Allen Sanders (orthopedic), Panel Qualified Medical Evaluator, Dr. Michael S. Kesselman (psyche), PQME, Dr. William M. Gabriel (dental), and PQME, Dr. Steven …show more content…
Employment Development Department
We were initially under the impression that EDD would be providing us clearance at the Board based on our prior communication with another representative from EDD. Our argument to EDD was we are not responsible to pay applicant’s indemnity benefit during “off-season” work period from February 9, 2014 through July 6, 2014. We made a voluntary reimbursement of $10,684.38 with the intention to cover the “in-season” from July 7, 2014 through February 16, 2015.
Interestingly, Annette from EDD informed me even without considering the benefits paid during the “off-season” period, there remains to be a balance of $1,200.57. At first, she was under the impression that our temporary disability benefit rate was $445.21, which is higher than the rate we reimbursed the EDD voluntarily. Therefore, there is still a difference. However, I soon noticed that this is not the case. Annette returned to her office to look into this