COUNTY OF MENDOCINO, Permissibly Self-Insured, by CLAIMS MANAGEMENT, INC., DAVID L. BROWN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID L. BROWN, Applicant,vs.COUNTY OF MENDOCINO, PermissiblySelf-Insured, by CLAIMS MANAGEMENT, INC., Defendant(s).Case No. ADJ2894818 (SRO 0132752)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of the March 2,: 2009 Opinion and Decision After Reconsideration, wherein the Appeals Board rescinded the workers’ compensation administrative law judge’s (WCJ) September 18, 2008 Supplemental Findings, Award and Order and returned the matter to the trial level for a rating of applicant’s permanent disability that takes into account duplication between the two heart impairments, as described by Dr. Ng. The WCJ had previously found, per stipulation, in the June 19, 2006 Findings, Award and Order, that applicant sustained his industrial injury while employed as a deputy sheriff during the cumulative period from June 28, 1999, to November 18, 2004. In the June 19, 2006 decision, the WCJ found that applicant has permanent disability of 75 percent before apportionment, and deferred the issue of apportionment. Applicant contends the Appeals Board erred in rescinding the WCJ’s September 18, 2008 unapportioned 75 percent permanent disability award, arguing that the previous 75 percent rating was final, that Dr. Ng’s opinion on overlap between applicant’s two heart impairments is not an issue of apportionment, that the issue of overlap between the two heart impairments was waived because defendant did not raise it in its petition for reconsideration, and that the Appeals Board has acted in excess of its jurisdiction and authority. , We have considered the Petition for Reconsideration and defendant’s Answer, and we have reviewed the record in this matter. For the reasons expressed in our March 2, 2009 Opinion and Decision After Reconsideration, which we i
Menu
