GOLDEN BEAR TRANSPORTATION; CLARENDON NATIONAL INSURANCE COMPANY; RELIANCE INSURANCE COMPANY, in liquidation by CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ALFREDO VALDEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALFREDO VALDEZ, Applicant,vs.GOLDEN BEAR TRANSPORTATION; CLARENDON NATIONAL INSURANCE COMPANY; RELIANCE INSURANCECOMPANY, in liquidation byCALIFORNIA INSURANCE GUARANTEEASSOCIATION, Defendant(s).Case No. ADJ4456144 (VNO 0487588)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of the Findings and Award of November 24, 2008, in which the workers’ compensation judge (WCJ) found, in relevant part, that during the period November 1998 through October 17, 2003, applicant sustained an industrial injury to his right shoulder, causing permanent disability of one percent. Applicant contends, in substance, that the WCJ erred in rating permanent disability under the 2005 Schedule for Rating Permanent Disabilities (PDRS), and that permanent disability should be rated under the “old” (1997) PDRS because applicant has established the applicable statutory exceptions to the 2005 PDRS. Defendant, California Insurance Guarantee Association (CIGA), filed an answer. We have considered the allegations of the Petition for Reconsideration and the Report and Recommendation of the WCJ with respect thereto. Based on our review of the record, and for the reasons stated in said Report, which we adopt and incorporate except the WCJ’s discussion of Vera v. Workers’Comp. Appeals Bd. (2007) 154 Cal.App.4th 996 [72 Cal. Comp. Cases 1115], we will deny applicant’s Petition for Reconsideration. , We further note that in Aldi v. Carr, McClellan, Ingersoll, Thompson & Horn (2006) 71 Cal.Comp.Cases 783 (Appeals Board en banc), writ den. sub nom. Aldi v. Workers’ Comp. Appeals Bd. (2006) 71 Cal.Comp.Cases 1822, the Board.concluded that the revised PDRS mandated by section 4660, and adop
Alfredo Valdez, vs. Golden Bear Transportation; Clarendon National Insurance Company; Reliance Insurance Company, In Liquidation By California Insurance Guarantee association,
(VNO 0487588) is a case in which Alfredo Valdez, the applicant, sought reconsideration of the Findings and Award of November 24, 2008, in which the workers' compensation judge (WCJ) found that during the period November 1998 through October 17, 2003, applicant sustained an industrial injury to his right shoulder, causing permanent disability of one percent. The Petition for Reconsideration was denied by the Workers' Compensation Appeals Board, who found that there was no medical report before January 1, 2005 indicating the existence of permanent disability. The dissenting opinion argued that the April 28, 2004 report of Dr. Sobol indicated the existence of permanent disability, and that the medical opinion of the AME, Dr. Green
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ4456144
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