Alfredo Lomeli, vs. Environmental Service Products, Inc.; And State Compensation Insurance Fund,

(STK 0169986) is a case involving Environmental Service Products, Inc., and the State Compensation Insurance Fund, Alfredo Lomeli, and the Workers' Compensation Appeals Board of the State of California. Alfredo Lomeli, the applicant, sought reconsideration of a decision that found he had sustained an admitted industrial injury to his head and psyche on March 20, 2001, while employed as a welder by Environmental Service Products, and that the injury caused a need for further medical treatment and 63% permanent partial disability, entitling him to further medical treatment and permanent disability indemnity totaling $62,942.50. After reconsideration, the decision was amended to find that the injury caused 82% permanent disability, entitling applicant

ENVIRONMENTAL SERVICE PRODUCTS, INC.; and STATE COMPENSATION INSURANCE FUND, ALFREDO LOMELI, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALFREDO LOMELI, Applicant,vs.ENVIRONMENTAL SERVICE PRODUCTS, INC.; and STATE COMPENSATION INSURANCE FUND, Defendant.Case No. ADJ839194 (STK 0169986)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of the Findings, Award & Order of August 3, 2009, wherein the workers’ compensation judge (WCJ) found, in essence, that applicant sustained an admitted industrial injury to his head and psyche on March 20, 2001, while employed as a welder by Environmental Service Products, State Compensation Insurance Fund’s insured on the date of injury, and that the injury caused, among other things, a need for further medical treatment and 63% permanent partial disability, entitling applicant to further medical treatment and permanent disability indemnity totaling $62,942.50.            Applicant contends that the injury caused 80% permanent disability and that the WCJ erred in finding otherwise, arguing that the WCJ erroneously applied a “range of evidence” determination with regard to applicant’s psychiatric permanent disability.            Defendant filed an answer to applicant’s petition for reconsideration.I.            We have considered the allegations made in the petition for reconsideration and answer thereto, as well as the content of the WCJ’s Report and Recommendation.            Based on our review of the record and for the reasons discussed below, we will grant reconsideration and amend the Findings, Award & Order of August 3, 2009, to find that the , injury caused 82% permanent disability, entitling applicant to permanent disability indemnity totaling $122,935, plus thereafter a weekly life pension of $85.04, less an attorneys’ fee of 15% of the present value of the permanent disability indemnity, in an exact amount to be determined by the trial level WC

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