Alan Young, vs. Union Pacific Resources/tidelands Oil; Permissibly Self-insured, Administered By Cambridge Integrated Services Group, Inc.,

is a case involving Alan Young, an applicant, and Union Pacific Resources/Tidelands Oil, a defendant. The applicant sought reconsideration of two Findings and Awards issued by the workers' compensation administrative law judge (WCJ) on July 16, 2009, wherein it was found that the applicant had incurred industrial injuries to his lumbar spine, lower extremities, psyche and gastrointestinal system while employed by the defendant. The WCJ denied the applicant's petition for reconsideration, finding that the apportionment of the applicant's permanent disability between the specific and cumulative trauma injuries was in accordance with the decision of the Court of Appeal in Benson v. Permanente Medical Group. The WCJ also found that the amount of permanent disability indemnity

UNION PACIFIC RESOURCES/TIDELANDS OIL; Permissibly Self-Insured, Administered By CAMBRIDGE INTEGRATED SERVICES GROUP, INC., ALAN YOUNG, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALAN YOUNG, Applicant,vs.UNION PACIFIC RESOURCES/TIDELANDS OIL; Permissibly Self-Insured, Administered By CAMBRIDGE INTEGRATED SERVICES GROUP, INC., Defendants.Case Nos. ADJ729345 (ANA 0287447)ADJ2923354 (ANA 0305541)OPINION AND ORDER DENYING RECONSIDERATION            Applicant seeks reconsideration of the two Findings and Awards issued by the workers’ compensation administrative law judge (WCJ) on July 16, 2009, wherein it was found in ADJ729345 that applicant incurred industrial injury to his lumbar spine, lower extremities, psyche and gastrointestinal system while employed by defendant on January 9, 1992, causing 591A% permanent disability after apportionment to the permanent disability caused by the injury found in ADJ2923354 in accordance with the decision of the Court of Appeal in Benson v. Permanente Medical Group (2009) 170 Cal.App.4th 1535 [74 Cal.Comp.Cases 1131 (Benson). In ADJ2923354, the WCJ. found that applicant incurred industrial injury to those same body parts while in that same employment during the cumulative trauma period March 27, 1993 through March 22, 1994, causing 5911⁄44% permanent disability after apportionment to the permanent disability caused by the injury found in ADJ729345.            Applicant contends that the apportionment of his permanent disability between the specific and cumulative trauma injuries found in ADJ729345 and ADJ2923354 is contrary to the , provisions of Labor Code sections 4453(d) and 4453.5.1            Applicant’s petition for reconsideration is denied for the reasons expressed by the WCJ in her Report and Recommendation on Petition for Reconsideration, which is incorporated by reference, and for the reasons set forth below. Section 4453 addresses the calculation of the amount of permanent disability indemnity to be paid and

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