STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE, Legally Uninsured, Administered by STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES ANGELINA KENDRICK McGEE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANGELINA KENDRICK McGEE, Applicant,vs.STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE, Legally Uninsured, Administered by STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES, Defendants.Case No. ADJ7261203(Marina del Rey District Office)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Defendant, State of California, Department of Justice, legally uninsured, seeks reconsideration of the Findings and Award, issued July 23, 2012, in which a workers’ compensation administrative law judge (WCJ) found applicant, Angelina Kendrick McGee, while employed as an Office Assistant Supervisor, sustained 56% permanent disability as a result of her October 5, 2009 industrial injury to her cervical spine, left hand and wrist, bilateral shoulders and knees. Defendant contests the rating for applicant’s left hand and wrist as found by Dr. Peter Newton, the Agreed Medical Examiner (AME), which was based upon his measurement of applicant’s loss of grip strength. Defendant contends that under the normal application of the AMA Guides, loss of grip strength should not be rated and that the AME did not offer adequate justification to use grip strength as a rating factor. Applicant has filed an answer to defendant’s petition. For the reasons set forth below, we shall grant defendant’s petition for reconsideration and will amend the Findings and Award to rate applicant’s disability without inclusion of the rating for applicant’s left hand and wrist.I. Applicant sustained an admitted injury on October 5, 2009, to multiple parts of her body including her left hand and wrist, when her swivel chair broke and catapulted her to the floor, striking her , hands and knees on the floor and her face against a cubica
ANGELINA KENDRICK McGEE vs. STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE, Legally Uninsured, Administered By STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES
In this case, Angelina Kendrick McGee, an Office Assistant Supervisor, sustained an admitted injury on October 5, 2009, to multiple parts of her body including her left hand and wrist, when her swivel chair broke and catapulted her to the floor. The State of California, Department of Justice, legally uninsured, sought reconsideration of the Findings and Award, issued July 23, 2012, in which a workers' compensation administrative law judge (WCJ) found applicant, Angelina Kendrick McGee, sustained 56% permanent disability as a result of her injury. The WCJ amended the Findings and Award to rate applicant's disability without inclusion of the rating for applicant's left hand and wrist, as the American Medical Association (AMA)
- Filed On:
- Court: California, Marina del Rey
- Case No. ADJ7261203
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