Alice Koeplin vs. Nella Oil Company, Permissibly Self-insured, Administered By Gallagher Bassett

Nella Oil Company, Permissibly Self-Insured, Administered By Gallagher Bassett, was found to have caused Alice Koeplin 10 percent permanent disability after apportionment. The Workers' Compensation Appeals Board denied Alice Koeplin's Petition for Reconsideration, finding that the medical opinion of the Agreed Medical Evaluator (AME) constituted substantial evidence and that the employer had met its burden of proof to establish apportionment of Alice Koeplin's permanent disability.

Nella Oil Company, Permissibly Self-Insured, Administered By Gallagher Bassett Alice Koeplin WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALICE KOEPLIN, Applicant,vs.NELLA OIL COMPANY, Permissibly Self-Insured, Administered By GALLAGHER BASSETT, Defendant(s).Case No. ADJ3044460 (SAC 0313594)OPINION AND ORDER DENYING RECONSIDERATION            Applicant seeks reconsideration of the Findings and Award issued by a workers’ compensation administrative law judge (WCJ) on October 20, 2010, wherein the WCJ found that applicant, while employed as cashier/clerk sustained industrial injury to her low back. The WCJ further found, as relevant here, that the industrial injury caused 10 percent permanent disability, after apportionment. Applicant’s overall permanent disability was found to be 20 percent, with 50 percent apportioned to non-industrial factors.            In her Petition for Reconsideration, applicant contends that the WCJ erred in apportioning one-half of her permanent disability to other factors in reliance on the opinion of Larry N. Magnussen, M.D., the Agreed Medical Evaluator (AME). Applicant argues that Dr. Magnussen did not explain the reasons for his conclusion that 50 percent of applicant’s permanent disability was attributable to other factors and that his report does not constitute substantial evidence. Applicant further argues that defendant did not meet its burden of proof to establish apportionment of applicant’s permanent disability. Defendant filed an Answer.            We have considered the allegations of applicant’s Petition for Reconsideration, defendant’s Answer and the contents of the record, including the WCJ’s Report and , Recommendation on Petition for Reconsideration (Report). Based on our review of the record, we will deny the Petition for Reconsideration.1            In this matter, applicant sustained an admitted industrial injury to her low back which resulted in 20 percent permanent disability before apportionment. The WCJ

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