David Stansell, vs. Fresno Unified School District,

FRESNO UNIFIED SCHOOL DISTRICT, DAVID STANSELL, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID STANSELL, Applicant,vs.FRESNO UNIFIED SCHOOL DISTRICT, Defendant.Case Nos. ADJ3934297 (FRE0227787)ADJ728277 (FRE0232048)OPINION AND DECISIONAFTER RECONSIDERATION            In order to further study the factual and legal issues in this case, on November 23, 2009, we granted applicant’s petition for reconsideration of two separate but concurrently issued Findings and Awards issued by a workers’ compensation administrative law judge (WCJ) on September 1, 2009. In the Findings and Award issued in case ADJ3934297, it was found that, while employed as a painter on August 3, 2004, applicant sustained industrial injury to his right shoulder causing permanent disability of 8%. Applicant’s right shoulder permanent disability was rated pursuant to the 1997 Schedule for Rating Permanent Disabilities (1997 Schedule). In finding permanent disability of 8%, the WCJ determined that one-third of applicant’s permanent shoulder disability was attributable to the industrial injury, and two-thirds was caused by other factors. In the Findings and Award issued in case ADJ728277, it was found that, during a cumulative period ending on June 23, 2005, applicant sustained industrial injury in the form of bilateral carpal tunnel syndrome, causing permanent disability of 19%. Applicant’s bilateral carpal tunnel permanent disability was rated pursuant to the 2005 Schedule for Rating Permanent Disabilities (2005 Schedule).1 At the June 30, 2009 trial in these matters, the applicant sought “to amend the [cumulative trauma] claim to include the right shoulder.” The WCJ did not make a formal finding 1The WCJ also issued a Findings and Award in case ADJ1400602, wherein it was found that, on June 25, 2004, applicant sustained admitted industrial injury to his left knee and back. However that injury did not cause permanent disability or the need for further medical treatment. The petition for re

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