Clayton Bell vs. County Of San Luis Obispo

In this case, the County of San Luis Obispo sought reconsideration of the November 1, 2007 Joint Findings and Award issued by the workers' compensation administrative law judge (WCJ) wherein the WCJ found, based on the parties' prior stipulations, that the applicant, while employed as a deputy sheriff from September 13, 1981 to December 8, 2004, sustained industrial injury to his back and neck, causing 45% permanent disability after apportionment and need for further medical treatment. The WCJ applied the apportionment provisions of Senate Bill 899 (SB 899), i.e., Labor Code) sections 4663 and 4664, which must be applied to all cases not yet final at the time of

County Of San Luis Obispo Clayton Bell WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACLAYTON BELL, Applicant,vs.    COUNTY OF SAN LUIS OBISPO,    Defendant(s).Case No. VNO 0506969; GRO 0033200OPINION AND ORDERDENYING RECONSIDERATION            Defendant seeks reconsideration of the November 1, 2007 Joint Findings and Award issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ found, based on the parties’ prior stipulations, that applicant, while employed as a deputy sheriff from September 13, 1981 to December 8, 2004 (VNO 506969), sustained industrial injury to his back and neck. The WCJ further found that the injury herein caused 45% permanent disability after apportionment and need for further medical treatment. Defendant does not raise any issues in GRO 033200 and we will not disturb the WCJ’s decision therein.            Defendant contends that the WCJ erred in awarding 45% permanent disability after apportionment in VNO 506969. Defendant argues that the WCJ should have awarded 23% permanent disability calculated by subtracting the prior 38% permanent disability previously awarded in GRO 0003054 from applicant’s current 61 % overall permanent disability before apportionment.            Applicant filed an Answer, and the WCJ issued a Report of Workers’ Compensation Administrative Law Judge on Petition for Reconsideration (Report) recommending that we deny reconsideration.            Based on our review of the record and for the reasons discussed below, we will deny reconsideration. ,             The apportionment provisions of Senate Bill 899 (SB 899), i.e., Labor Code) sections 4663 and 4664, must be applied to all cases not yet final at the time of the legislative enactment on April 19, 2004, regardless of the date of injury. (E & J Gallo Winery v. Workers’ Comp. Appeals Bd. (Dykes) (2005) 134 Cal.App.4th 1536, 1543 [70 Cal.Comp.Cases 1644]; Rio Linda Union School Dist. v. Workers’ Comp. Appeals Bd. (Scheftner) (2005) 131

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