North Sonoma County Hospital District Dba Healdsburg District Hospital, Permissibly Self-Insured, Barbara Ann Nelson, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABARBARA ANN NELSON,Applicant,vs.NORTH SONOMA COUNTY HOSPITAL DISTRICT dba HEALDSBURG DISTRICT HOSPITAL, Permissibly Self-Insured,Defendant.Case No. ADJ10103499(San ta Rosa District Office)OPINION AND ORDER DENYING APPLICANT’S PETITION FOR RECONSIDERATION AND DISMISSING DEFENDANT’S PETITION FOR RECONSIDERATION Applicant Barbara Nelson seeks reconsideration of the Findings and Award (FA) issued by the workers’ compensation administrative law judge (WCJ) on February 13, 2017. In pertinent part, the WCJ found that applicant suffered permanent disability of nine percent, after adjustment and apportionment, to her lumbar spine and that defendant is not entitled to credit for temporary disability overpayment. Applicant contends that the WCJ erroneously found permanent disability on the straight AMA rating that Panel Qualified Medical Evaluator (PQME) Dr. James Shaw prescribed as one of two permanent disability ratings without first allowing Dr. Shaw to develop the record on the alternative Almaraz/Guzman rating. We received an Answer from defendant. Defendant contends that applicant had ample time to develop the record. Defendant alleges that the matter was originally set for a mandatory settlement conference on July 13, 2016 but was taken off calendar in order to allow applicant to depose Dr. Shaw on the issue of the two permanent disability ratings. The matter was then set for trial on November 17, 2016 when applicant failed to depose Dr. Shaw. Defendant further contends that the WCJ erred in finding that defendant was not entitled to credit for overpayment of temporary disability. We received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ recommending that applicant’s Petition for Reconsideration be denied. ,
