QUALEX, INC.; OLD REPUBLIC INSURANCE, CORRINE SHATZER, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACORRINE SHATZER, Applicant,vs.QUALEX, INC.; OLD REPUBLIC INSURANCE, Defendants.Case No. ADJ149130 (SAC 0317143)OPINION AND ORDER DENYING RECONSIDERATION Defendant seeks reconsideration of our earlier July 23, 2009 Opinion and Decision After Reconsideration (Decision) wherein we addressed the separate petitions of applicant and lien claimant Sutter General Hospital (Sutter) for reconsideration of the October 10, 2008 Findings, Award and Order of the workers’ compensation administrative law judge (WCJ) who initially disallowed Sutter’s lien and found that applicant incurred industrial injury to her neck, right dominant shoulder and bilateral upper extremities while working for defendant as a production worker on December 23, 2001, causing 48% permanent disability after apportionment, and a need for future medical treatment. In our Decision we reversed the apportionment of applicant’s permanent disability because it was not supported by substantial medical evidence and the WCJ’s October 10, 2008 decision was amended to find that applicant incurred 53% permanent disability as a result of her industrial injury in accordance with the calculations of the Disability Evaluation Unit. We also amended the award of applicant’s attorney’s fees and rescinded the October 10, 2008 order disallowing Sutter’s lien. , Defendant contends that instead of reversing the finding of apportionment following the recommendation of the WCJ in his Report and Recommendation on Petition for Reconsideration (Report), we should have rescinded the finding of permanent disability and returned the case to the trial level for development of the record on the issue of apportionment because the original finding was based upon reporting by the parties’ Agreed Medical Examiner (AME), J. Graham Bray, M.D. We deny reconsideration because defendant had not
