KLEIN PLASTERING; REDLANDS I INSURANCE COMPANY, Adjusted By LWP CLAIMS SOLUTIONS, DANA LARGE, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADANA LARGE, Applicant,vs.KLEIN PLASTERING; REDLANDS INSURANCE COMPANY, Adjusted By LWP CLAIMS SOLUTIONS, Defendants.Case Nos. ADJ1818278 (SFO 0495048)ADJ3997974 (SFO 0495050)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Amended Findings and Award of June 25, 2009, wherein, it was found that, while employed as a plasterer on June 29, 2005 (SFO 0495048) and during a cumulative period ending on June 29, 2005 (SFO 0495050), applicant sustained industrial injury to his right knee causing permanent disability of 18%. Applicant contends that the WCJ erred in finding permanent disability of only 18%, arguing that the WCJ should have included the impairment rating suggested by agreed medical evaluator Alan C. Roth, M.D., J.D. pertaining to unilateral leg muscle atrophy. We have received an answer, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration. As explained below, we will grant reconsideration and amend the Amended Findings and Award of June 25, 2009 to find that applicant has sustained permanent disability of 24% because we believe that Dr. Roth’s opinion constitutes a valid rebuttal of the American Medical 231 Association’s Guides to the Evaluation of Permanent Impairment, Fifth Edition (“AMA Guides”). In his Supplemental Medical-Legal Report of October 30, 2008, Dr. Roth found that the applicant had undergone a medial and lateral partial meniscectomy, which pursuant to Table 17-33 of the AMA Guides translated into a 10% lower extremity impairment. Additionally, Dr. Roth , found mild cruciate laxity, which also pursuant to Table 17-33 translated into 7% lower extremity impairment. Dr. Roth also found that, pursuant to Table
Dana Large, vs. Klein Plastering; Redlands I Insurance Company, Adjusted By Lwp Claims Solutions,
Klein Plastering and Redlands Insurance Company, Adjusted by LWP Claims Solutions, were involved in a workers' compensation case in which Dana Large, the applicant, sought reconsideration of a workers' compensation administrative law judge's Amended Findings and Award of June 25, 2009, which found that, while employed as a plasterer on June 29, 2005, applicant sustained industrial injury to his right knee causing permanent disability of 18%. The WCJ disregarded the impairment rating suggested by agreed medical evaluator Alan C. Roth, M.D., J.D. pertaining to unilateral leg muscle atrophy. The Workers' Compensation Appeals Board granted reconsideration and amended the Amended Findings and Award of June 25, 2009 to find
- Filed On:
- Court: California, San Francisco
- Case No. ADJ1818278
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