COUNTY OF MENDOCINO, Permissibly Self-Insured, by CLAIMS MANAGEMENT, INC., DAVID L. BROWN, WORKERS’ COMEPENSATION 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 DECISION AFTER RECONSIDERATION We previously granted defendant’s petition for reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Defendant sought reconsideration of the Supplemental Findings, Award and Order of September 18, 2008, wherein the workers’ compensation administrative law judge (WCJ) found, “Applicant has an unapportioned 75 percent permanent disability as a result of the industrial injury to his heart resulting in atrial fibrillation and his industrial hypertensive condition which caused an additional element of heart trouble, left ventricular hypertrophy.” The WCJ 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. Defendant contended the WCJ erred in issuing an unapportioned award, arguing that the record supports apportionment based on applicant’s prior award for spinal disability and apportionment between the two current heart disabilities. , We have considered the Petition for Reconsideration, and the WCJ’s Report and Recommendation on Petition for Reconsideration (Report), and we have reviewed the record in this matter. We have not received an Answer from applicant. For the reasons discussed below, we will rescind the Supplemental Findings, Award and Order and return the matter to
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