Anthony Lacey, vs. County Of Los Angeles; Tristar Irvine,

(VNO 0538838) is a case in which the defendant, County of Los Angeles, sought reconsideration of a workers' compensation administrative law judge's Findings and Award of March 11, 2009. The WCJ found that the applicant, Anthony Lacey, sustained industrial injury in the form of diabetes, causing permanent disability of 17% and the need for further medical treatment. The WCJ also applied Labor Code § 4658(d)(2) and awarded a 15% increase in the amount of permanent disability indemnity due. The WCJ recommended that the finding of industrial injury in the form of diabetes be affirmed, but that the Labor Code § 4658(d)(2) increase in benefits be denied as the injury occurred before the

COUNTY OF LOS ANGELES; TRISTAR IRVINE, ANTHONY LACEY, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANTHONY LACEY, Applicant,vs.COUNTY OF LOS ANGELES; TRISTARIRVINE, Defendants.Case No. ADJ3002387 (VNO 0538838)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of a workers’ compensation administrative law judge’s Findings and Award of March 11, 2009, wherein the WCJ found that, while employed as a deputy sheriff during a cumulative period from March 31, 1989 to August 1, 2004, applicant sustained industrial injury in the form of diabetes, causing permanent disability of 17% and the need for further medical treatment. Additionally, the WCJ applied Labor Code § 4658(d)(2) and awarded a 15% increase in the amount of permanent disability indemnity due “starting 61 days post the permanent and stationary date.”            Defendant contends that the WCJ erred in (1) finding that the applicant sustained industrial injury in the form of diabetes and in (2) applying Labor Code § 4658(d)(2) to increase the permanent disability indemnity due to the applicant. We have received an answer from the applicant and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (“Report”).            In the Report, the WCJ recommends that we affirm the finding of industrial injury in the form of diabetes, but that we grant reconsideration and amend the Findings and Award of March 11, 2009 to reflect that the applicant is not entitled to a Labor Code § 4658(d)(2) increase in benefits.            As the WCJ admits in his Report, Labor Code § 4658(d) only applies “to injuries occurring on or after the effective date of the revised permanent disability schedule adopted by the , administrative director pursuant to Section 4660.” (Labor Code, § 4658, subd. (d)(1).) The effective date of the revised permanent disability schedule is January 1, 2005. However, the injury in this case took place on Au

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