David Fonseca, vs. Alameda County Sheriff’s Department, Permissibly Self-insured; Tristar Risk Management, Sedgwick Claims Management, Adjusting Agents,

This case involves a worker's compensation claim by David Fonseca, a deputy sheriff, for an industrial injury to his left knee in 1992 and a cumulative trauma injury to his left knee in 2004. The Workers' Compensation Appeals Board granted reconsideration and rescinded the Findings, Award and Orders, returning the matters to the trial level for further proceedings. The Board found that the injuries were not contemporaneous and that the applicable permanent disability rating schedule should be determined. The Board also determined that the employer should be estopped from asserting the 2005 rating schedule as it failed to fully comply with the notice requirements.

ALAMEDA COUNTY SHERIFF’S DEPARTMENT, Permissibly Self-Insured; TRISTAR RISK MANAGEMENT, SEDGWICK CLAIMS MANAGEMENT, Adjusting Agents, DAVID FONSECA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID FONSECA, Applicant,vs.ALAMEDA COUNTY SHERIFF’S DEPARTMENT, Permissibly Self-Insured;TRISTAR RISK MANAGEMENT, SEDGWICK CLAIMS MANAGEMENT,Adjusting Agents, Defendants.Case Nos. ADJ3614029 (STK 0192198)ADJ1670728 (STK 0192199)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant, David Fonseca, and defendant, County of Alameda Sheriff’s Department, permissibly self-insured, seek reconsideration of the Findings, Award and Orders, issued October 17, 2008, in which a workers’ compensation administrative law judge (WCJ) found, in I ADJ3614029 (STK 0192198), that as a result of a 1992 industrial injury to his left knee while employed as a deputy sheriff, applicant sustained 12.75% permanent disability, based upon the rating schedule in effect for that date of injury, and need for further medical treatment, of which liability for one fourth of such treatment arose from this injury. In ADJ1670728 (STK 0192199), the WCJ found applicant sustained a cumulative trauma injury to his left knee over the period ending July 9, 2004, resulting in temporary disability through August 12, 2005, when applicant became permanent and stationary, and 3% permanent disability, rated under the 2005 rating schedule, after apportionment to the prior industrial injury. Applicant was awarded further medical treatment, of which liability for three-fourths of such treatment arose from this injury.            Applicant contends the WCJ erred in rating the cumulative trauma injury using the 2005 , permanent disability rating schedule, arguing that the 1997 rating schedule applies because he had broken periods of temporary disability in 2004, requiring defendant to provide notice under Labor Code section 4061.1 Applicant further contends that as a deput

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