January 2018

In this case, Fermin Sandoval sought reconsideration of a Findings and Award issued by a workers’ compensation administrative law judge (WCJ) on June 30, 2016. The WCJ found that Sandoval sustained industrial injury to his back and right knee on June 21, 2011 and that his injury caused permanent disability of 50%. The Workers’ Compensation Appeals Board affirmed the F&A, finding that Sandoval did not meet his burden to rebut the rating based on the 2005 PDRS. The Board found that Sandoval had significant non-industrial linguistic and literacy limitations that would have a negative impact on his vocational feasibility and that he was unable to benefit from rehabilitation services due to these factors.

In this case, the WCJ found that applicant’s permanent disability was 50% and that the disability was caused by the industrial injury. The WCJ also found that applicant’s diminished future earning capacity was not due to nonindustrial factors. We agree with the WCJ’s findings and conclusions.            Based on the foregoing, we affirm the F&A.

In this case, Fermin Sandoval sought reconsideration of a Findings and Award issued by a workers’ compensation administrative law judge (WCJ) on June 30, 2016. The WCJ found that Sandoval had sustained an industrial injury to his back and right knee on June 21, 2011 and that the injury caused permanent disability of 50%. The WCJ’s decision was

.SUMMARY: This case involves a petition for reconsideration and removal filed by Darwin Roland against Safeway, Inc. and Albertson’s Holdings. The Workers’ Compensation Appeals Board dismissed the petition for reconsideration and denied the petition for removal, finding that the decision of the workers’ compensation administrative law judge was an evidentiary issue and not a “final” order, and that petitioner had not demonstrated that substantial prejudice or irreparable harm would result if removal was denied.