CARLOS GUZMAN vs. GRIMMWAY ENTERPRISES, Permissibly Self-insured

GRIMMWAY ENTERPRISES, permissibly self-insured CARLOS GUZMAN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACARLOS GUZMAN, Applicant,vs.GRIMMWAY ENTERPRISES, permissibly self-insured, Defendant.Case No. ADJ3192506 (ANA 0340558)(Bakersfield District Office)OPINION AND DECISION AFTER RECONSIDERATION            On September 14, 2012, the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration of the June 25, 2012 Findings and Award to further study the factual and legal issues. This is our Decision After Reconsideration.            In the June 25, 2012 Findings and Award1, the workers’ compensation administrative law judge (WCJ) found that applicant, while employed during the period from December 11, 1998 through December 11, 1999 and on December 11, 1999, sustained specific and cumulative injuries to his head, right shoulder, low back, hearing, psyche, brain or nervous system and gastritis. The WCJ found that applicant sustained 90% permanent partial disability after apportionment as a result of his December 11, 1999 injury. The WCJ found that applicant did not sustain any permanent disability as a result of the cumulative trauma injury from December 11, 1998 through December 11, 1999.            Applicant contends that the WCJ erred in finding that applicant sustained 90% permanent partial disability, arguing that applicant is 100% permanently totally disabled because he can no longer compete in the open labor market. 1 The WCJ issued an Order Amending Award on July 20, 2012 wherein he amended the June 25, 2012 Findings and Award to correct an error in the dollar amount of permanent disability and adjust applicant’s attorney’s fee. For clarity, we will rescind the July 20, 2012 Order before amending the June 25, 2012 Findings and Award. ,             We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have received an Answer. The WCJ prepared a Report and Recommendation on Petition for Rec

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