Bunnie Orange vs. Hilton Hotel Corporation; Specialty Risk Services

Hilton Hotel Corporation; Specialty Risk Services Bunnie Orange WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABUNNIE ORANGE, Applicant,vs.    HILTON HOTEL CORPORATION; SPECIALTY RISK SERVICES.    Defendant.Case Nos. OAK 240649; OAK 240651; OAK 279879OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION            Defendant seeks reconsideration of the October 29, 2007 Findings, Award and Orders of the workers’ compensation administrative law judge (WCJ) wherein it was found in OAK 279879 that applicant, while employed by defendant as a housekeeper during the cumulative trauma period to October 4, 2001, sustained industrial injury to her bilateral shoulders and neck causing 54% permanent disability without apportionment, and a need for further medical treatment.            In rating applicant’s permanent disability, the WCJ used the “1997 Schedule for Rating Permanent Disability” (1997 PDRS) instead of the permanent disability rating schedule adopted by the administrative director pursuant to Labor Code section 4660 on January 1, 2005 (2005 PDRS).1            The WCJ also dismissed applicant’s petition for new and further disability in OAK 240649 and OAK 240651, wherein a joint award was entered on February 19, 1999, based upon the parties’ stipulation that while employed by defendant as a housekeeper, applicant incurred 18% permanent disability as result of: 1) a cumulative trauma injury to her right shoulder during the period through February 6, 1997 (OAK 240649); and specific injury to her right shoulder in November 1996 (OAK 240651). However, the WCJ allowed defendant credit for the dollar value of that earlier stipulated award against the amount of permanent disability indemnity found to be due applicant for the injury in OAK 279879. [h3]1             [size=1]Further statutory references are to the Labor Code.[/size][/h3] ,             Defendant contends that the 2005 PDRS should have been used to rate applicant’s permanent disabilit

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