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Adrienne Boylan vs. New Covenant Care Group; State Compensation Insurance Fund

New Covenant Care Group; State Compensation Insurance Fund Adrienne Boylan WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAADRIENNE BOYLAN, Applicant,vs.NEW COVENANT CARE GROUP; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ1747488 (OAK 0332087)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            We previously granted applicant’s petition for reconsideration of the June 22, 2011 Findings and Award; Notice Of Intention To Award Attorney’s Fee From Lien Claim of the workers’ compensation administrative law judge (WCJ). In that decision, the WCJ found that applicant incurred cumulative trauma industrial injury to her neck, right shoulder and psyche during the period from October 26, 2003 to April 1, 2005, while working for defendant as a registered nurse. The WCJ also found that this injury caused periods of temporary disability from April 30, 2005 through July 17, 2006, and from July 29, 2008 through September 29, 2009, with weekly earnings of $1,056.00 per week, “warranting payment of temporary disability indemnity at $704.00 per week,” but with indemnity payable at the rate of $98.56 per week, which is 14% of $704.00.            In his accompanying Opinion on Decision (Opinion), the WCJ explained that the parties earlier stipulated in another case (ADJ4500299) that applicant incurred specific industrial injury to her neck and right upper extremity while in defendant’s employ as a nurse on May 11, 1999, causing 43% permanent disability and that the award in ADJ4500299 was evidently reopened and a new stipulated award of 65% permanent disability was entered on July 29, 2010. As explained in the Opinion, the WCJ concluded from the reporting of the parties’ Agreed Medical Examiner (AME) John Devor, M.D., that 86% of applicant’s current temporary disability is due to the specific 1999 injury in ADJ4500299 and 14% to the , 2005 cumulative trauma injury in this case so he apportioned and awarded appl

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