LOS ANGELES UNIFIED SCHOOL DISTRICT; SEDGWICK CMS ANTHONY DE FAZIO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANTHONY DE FAZIO, Applicant,vs.LOS ANGELES UNIFIED SCHOOL DISTRICT; SEDGWICK CMS, Defendants.Case Nos. ADJ2419784 (LBO 0367096)ADJ2075423 (LBO 0367097)ADJ2337471 (LBO 0367098)OPINION AND DECISION AFTER RECONSIDERATION On January 9, 2012, the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration of the October 17, 2011 Joint Findings and Award and Order to further study the factual and legal issues. This is our Decision After Reconsideration. In the decision, the workers’ compensation administrative law judge (WCJ) found that applicant sustained industrial injuries to his right elbow and neck on March 11, 2002, to his left shoulder on July 20, 2003, and to his left knee on May 24, 2004. The WCJ found that the March 11, 2002 injury caused 16% permanent disability, the July 28, 2003 injury caused 7% permanent disability, and the May 24, 2004 injury caused 16% permanent disability. Applicant contends that the WCJ erred in apportioning permanent disability between applicant’s three dates of injury, arguing that, because the work restrictions and disability from all three injuries are inextricably intertwined, pursuant to Benson v. Permanente Medical Group (2009) 170 Cal.App.4th 1535 [74 Cal.Comp.Cases 113], a single disability award should issue. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have received an Answer. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. For the reasons discussed below, we will rescind the October 17, 2011 decision and return this matter to the trial level for further proceedings and a new decision. , As mentioned above, while employed as a painter on March 11, 2002, July 28, 2003, and May 24, 2004,
Menu
