Edward Hersom vs. California Highway Patrol; State Compensation Insurance Fund

California Highway Patrol; State Compensation Insurance Fund Edward Hersom WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEDWARD HERSOM, Applicant,vs.CALIFORNIA HIGHWAY PATROL; STATE COMPENSATION INSURANCE FUND, DefendantCase Nos. ADJ2110542 (RDG 0129639) ADJ1398914 (RDG 1398419)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of two decisions concurrently issued by a workers’ compensation administrative law judge on April 5, 2011. In a Findings and Award issued in caseADJ2110542, it was found that, while employed as a patrol sergeant on June 1, 2005, applicant sustained industrial injury to his neck and to his voice, causing permanent disability of 6% after apportionment. In a Findings and Award issued in case ADJ1398914, it was found that, while employed as a patrol sergeant on September 10, 2006, applicant sustained industrial injury to his neck, voice, and left shoulder, causing permanent disability of 54% after apportionment. In determining the level of permanent disability caused by both injuries, it was found that the applicant’s overall neck impairment was 45% and that applicant’s overall voice impairment was 14%. Ten percent of applicant’s neck and voice impairment was apportioned to the June 1, 2005 injury in case ADJ2110542, and 90% was apportioned to the September 10, 2006 injury in case ADJ1398914. With regard to the left shoulder, it was found that applicant sustained overall impairment of 18%, half of which was apportioned to the September 10, 2006 injury, and half of which was apportioned to non-industrial factors. After apportionment, the impairments were combined using the method outlined in the 2005 Schedule for Rating Permanent Disabilities in order to determine the final permanent disability rating in each case. ,             Applicant contends that the WCJ erred in finding that the respective injuries caused only 54% permanent disability and 6% permanent disabilit

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