Audrey Knox, vs. Department Of Hospitals/patton, Legally Uninsured, Adjusted By State Compensation Insurance Fund,

In this case, Audrey Knox, a custodian employed by the Department of Hospitals/Patton, sustained industrial injury to her cervical spine, lumbar spine, hands, and wrists on December 4, 2008, causing 43% permanent disability and a need for further medical treatment. The Workers' Compensation Appeals Board granted the Petition for Reconsideration and affirmed the December 28, 2016 Findings and Award, except that the decision was amended to reflect that the date of injury is December 4, 2008, and to include injury to the right shoulder and right knee pursuant to the parties' stipulations and the evidence at trial. The Board also denied reconsideration with respect to the 15% increase in permanent disability indemnity.

Department Of Hospitals/Patton, Legally Uninsured, Adjusted By State Compensation Insurance Fund, Audrey Knox, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAAUDREY KNOX,Applicant,vs.DEPARTMENT OF HOSPITALS/PATTON, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND,Defendants.Case No. ADJ6864635(San Bernardino District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of the December 28, 2016 Findings and Award issued by a workers’ compensation administrative law judge (WCJ), wherein the WCJ found that applicant, while employed as a custodian on December 4, 2006, sustained industrial injury to her cervical spine, lumbar spine, hands, and wrists, causing 43% permanent disability, and a need for further medical treatment. The WCJ also found that applicant is not entitled to a 15% increase in permanent disability indemnity.            Applicant contends that the WCJ erred in finding that she was not entitled to a 15% increase in permanent disability pursuant to Labor Code 1 section 4658(d)(2), arguing that defendant never made any offer for her to return to work after she was declared permanent and stationary (P&S). Applicant also contends that she sustained industrial injury to her right shoulder and right knee, as set forth in the parties’ stipulations and the findings of the agreed medical examiner (AME). Applicant requests a clerical correction to reflect that her date of injury is December 4, 2008, not December 4, 2006. Defendant filed an answer.            The WCJ provided a Report and Recommendation on Petition for Reconsideration (Report), in which she recommends that reconsideration be granted for the purpose of amending the date of injury to 1 Unless otherwise stated, all further statutory references are to the Labor Code. , December 4, 2008, and to include injury to the right shoulder and left knee. With respect to applicant’s section 4658(d)(2) co

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