LOWES HIW, INC.; SEDGWICK CLAIMS MANAGEMENT SERVICES, INC. CLIFF CROSS WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACLIFF CROSS, Applicant,vs.LOWES HIW, INC.; SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendant(s).Case No. ADJ5738758(Redding District Office)OPINION AND ORDERS DISMISSING REMOVAL, GRANTING RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration and removal from the Findings and Award issued by a workers’ compensation administrative law judge (WCJ) on November 22, 2011, wherein the WCJ found that applicant, while employed as a commercial sales specialist/delivery driver on October 22, 2003, sustained industrial injury to his back with radiating lower extremity pain, and that the injury caused permanent disability of 58%, rated under the 2005 Schedule for Rating Permanent Disabilities (PDRS), and a need for further medical treatment. Applicant contends, in essence, that the WCJ erred in finding 58% permanent disability, arguing that the 1997 Schedule for Rating Permanent Disabilities (PDRS) should have been used to rate applicant’s disability because there are treating physician reports issued prior to January 1, 2005 indicating the existence of permanent disability, and, therefore, an exception to application of the 2005 PDRS set forth in Labor Code section 4660(d)1 applies in this case. Applicant also contends that the WCJ failed to address all the issues, arguing that the WCJ did not make findings with regard to the issues raised under LeBoeuf v. Workers’ Comp. Appeals Bd. (1983) 34 Cal. 3d 234 [48 Cal.Comp.Cases 587] and Ogilvie v. Workers’ Comp. Appeals Bd. (2011) 197 Cal.App.4th 1262 [76 Cal.Comp.Cases 624], and did not admit the reports of the vocational experts. Applicant contends the WCJ should not have _______________________________________________1 Unless otherwise stated, all further statutory references are to the Labor Code. , apportioned applicant’s injury, arguing that defendant
Menu
