Atascadero State Hospital Candy Amaya WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACANDY AMAYA, Applicant,vs. ATASCADERO STATE HOSPITAL, Defendant.Case Nos. ADJ7816317ADJ8290118 (San Luis Obispo District Office)OPINION AND ORDERS GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant and defendant each seek reconsideration of two Findings and Awards concurrently issued by a workers’ compensation administrative law judge on January 29, 2013. In the decision issued in case ADJ7816317, it was found that, while employed on July 18, 20081, applicant sustained industrial injury to her left wrist, causing permanent disability of 21%. In case ADJ8290118, it was found that while employed on February 9, 2010, applicant again sustained industrial injury to her left wrist, causing permanent disability of 21%. Applicant contends that the WCJ erred in finding permanent disability of only 21% in each case, arguing that the WCJ should have relied upon the opinions of the vocational experts in finding that the scheduled disability rating had been rebutted. Applicant also contends that the WCJ erred in denying applicant recovery of the costs of her vocational expert. Defendant contends that the WCJ erred in finding permanent disability of 21% in each case, arguing that the WCJ should have found 6% WPI, which translates to a lower permanent disability rating, under a proper application of the AMA Guides. Defendant also argues that the WCJ should have found apportionment to a prior industrial injury. Applicant and defendant have filed Answers to each other’s petitions, and the WCJ has filed two separate Reports and Recommendations on Petition for Reconsideration addressing each petition. 1 As noted in defendant’s petition for reconsideration, the date of injury in the decision is erroneously listed as February 9, 2010 in the Findings and Award. , In her Report addressing defendant’s petition, the WCJ admits error in f
Candy Amaya vs. Atascadero State Hospital
In this case, Candy Amaya was employed on July 18, 2008 and February 9, 2010 and sustained industrial injuries to her left wrist. The Workers' Compensation Appeals Board granted reconsideration of the Findings and Awards issued by a workers' compensation administrative law judge on January 29, 2013, and rescinded the decisions. The matters were returned to the trial level for further proceedings and decision. The Board took no position on the contentions of whether the scheduled rating was rebutted by the vocational evidence, and whether the vocational expert costs are recoverable by applicant.
- Filed On:
- Court: California, San Luis Obispo
- Case No. ADJ7816317
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