Alex Johnson vs. City Of Los Angeles, Permissible Self-insured

This case involves Alex Johnson, who sustained an industrial injury to his right knee on March 28, 1991, and a series of other industrial injuries between 1991 and 1998. The Workers' Compensation Appeals Board granted reconsideration of the September 8, 2009 Findings and Award to further study the factual and legal issues. After reviewing the deposition of the Agreed Medical Evaluator, the WCJ issued a decision finding that applicant is entitled to an unapportioned award of permanent disability. The Appeals Board rescinded the Findings and Award and returned the matter to the trial level for further proceedings and a new decision.

City of Los Angeles, Permissible Self-Insured Alex Johnson WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALEX JOHNSON, Applicant,vs.CITY OF LOS ANGELES, Permissibly Self- Insured, Defendant,Case No. ADJ1224504; ADJ1034505; ADJ3915234; ADJ906399; ADJ4448043; ADJ164268OPINION ON DECISION AFTER RECONSIDERATION            On November 30, 2009 the Appeals Board1 granted reconsideration of the September 8, 2009 Findings and Award to further study the factual and legal issues. This is our decision after reconsideration.            In the Supplemental Findings and Award of September 8, 2009. the w orkers’ compensation administrative law’ judge (WCJ) found, in relevant part, that applicant’s injuries in cases ADJ 1224504, 1034505, 906399. 164268. 391234, 4448043 caused 89% permanent disability. With respect to applicant’s knee disability, the WCJ found no apportionment.            Defendant sought reconsideration of the WCJ’s decision, contending, in substance, that the WCJ erred in finding no apportionment, arguing that the deposition of the Agreed Medical Evaluator (AME) Dr. Sohn is substantial medical evidence of apportionment of applicant’s knee disability.            We have reviewed the petition for reconsideration and the record in this matter. We have received an answer from the applicant. The WCJ issued a Report and Recommendation on Petition for Reconsideration (Report). For the reasons discussed below’, rescind the September 8. 1 This matter had to be assigned to a new Appeals Board panelist, since prior panelist Gregory Agha/arian is no longer sitting as a Commissioner , 2009 findings and Award and return this matter to the trial level for further proceedings and a new decision.            The applicant sustained an industrial injury to his right knee on March 28, 1991 (ADJ 1034505). The applicant was awarded 35% permanent disability. This award became final and was never reopened. (Report, p. I.)            We will briefly summarize the relevant facts.

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