DIAMOND HOLDINGS OF CALIFORNIA; ARGONAUT INSURANCE COMPANY CAMILO LLANEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACAMILO LLANEZ, Applicant,vs.DIAMOND HOLDINGS OF CALIFORNIA; ARGONAUT INSURANCE COMPANY, Defendants.Case No. ADJ6881051(Stockton District Office)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the June 29, 2012 Findings and Award issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found, based on the parties’ prior stipulations, that applicant sustained industrial injury to his head, face, spine, rib cage, right arm, bilateral lower extremities, and psyche and injury in the form of memory loss and headaches while employed on February 8, 2009. The WCJ further found that the applicable occupational number is 480; that the agreed medical examination (AME) opinions of internist, Revels Cayton, M.D., and orthopedist, Donald Pang, M.D., are credible and substantial; that the apportionment opinions of Dr. Pang, Dr. Cayton, and psychiatrist, James Cole, M.D., are credible, substantial and consistent with current statutory and decisional authority; and that the injuries herein caused 74% permanent disability and need for further medical treatment. Finally, the WCJ found defense exhibits A, B, C, F, I, M, N, Q, R, S, T, V and X inadmissible. Based on these findings the WCJ awarded applicant 74% permanent disability payable at a rate to be determined by the parties giving consideration to the provisions of Labor Code1 section 4658(d). Defendant contends that the WCJ erred in awarding 74% permanent disability arguing that, because applicant was employed as a janitor, the applicable occupational group number is 340; arguing 1 All further statutory references are to the Labor Code, unless otherwise noted. , that Dr. Pang’s orthopedic AME opinion is not substantial medical evidence with regard to disability associated with grip loss; arguin
CAMILO LLANEZ vs. DIAMOND HOLDINGS OF CALIFORNIA; ARGONAUT INSURANCE COMPANY
- Filed On:
- Court: California, Stockton
- Case No. ADJ6881051
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