LOS ANGELES COUNTY FIRE DEPARTMENT, Permissibly Self-Insured, DONALD HORTON, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADONALD HORTON, Applicant,vs.LOS ANGELES COUNTY FIREDEPARTMENT, Permissibly Self-Insured,, Defendants).Case No.AHM 0096520, AHM 0109949AHM 0095770, AHM 0095602OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Applicant seeks reconsideration of the May 10, 2007 Joint Findings and Award issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ found, based on the parties’ prior stipulations, that applicant, while employed as a firefighter from 1974 to March 12, 2003 (AHM 0109949); on January 16. 1999 (AHM 095602), on June 3. 2001 (AHM 00096520), and on June 24, 2000 (AHM 0095770), sustained industrial injury to his back, neck, shoulders, both feet, right elbow, left ankle, both wrists, hands and bilateral knees. The WCJ further found that the injuries herein caused 100% permanent disability less apportionment due to a prior Award for injury to the right elbow causing 20% permanent disability. Based on these findings, the WCJ awarded permanent disability indemnity based on 80% permanent disability. Applicant contends that the WCJ erred in relying on the March 28. 2007 Formal Rating to find overlap based on applicant’s prior 20% permanent disability Award. Applicant argues that the disability evaluator (rater) was not asked to address the issue of overlap, that “the right elbow is not part of the current injuries,’’ and that the Formal Rating does not account for disability to the wrists. Applicant further contends that WCJ erred in subtracting the percentage of the prior award from the current overall level of permanent disability arguing that, under , traditional overlap rules, the WCJ should have deducted the prior disability from “one or more of the rating formulas and then the remaining disability would be combined on the Multiple Disabilities Table (MDT) ”
