In this case, Frank Reynoso was awarded 12% permanent disability after apportionment to good faith personnel actions by the Workers’ Compensation Administrative Law Judge (WCJ). Reynoso petitioned for reconsideration, arguing that his condition was not permanent and stationary for rating purposes because the defendant had not provided the work hardening prescribed by the psychiatric Independent Medical Examiner (IME) appointed by the WCJ. The WCJ recommended that his decision be amended to award 20% permanent disability after apportionment. The Appeals Board granted the petition for reconsideration and awarded the work hardening described by the IME as reasonable medical treatment, and deferred the issues of retroactive temporary disability and permanent disability pending the provision of that medical treatment. The Appeals Board also noted
Albertson’s Inc.; permissibly self-insured Frank Reynoso WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFRANK REYNOSO, Applicant,vs.ALBERTSON’S INC.; permissibly self-insured, Defendant.Case No. ADJ3167991 (LAO 0816972)OPINION AND DECISION AFTER RECONSIDERATION We earlier granted applicant’s petition for reconsideration of the workers’ compensation administrative law judge’s (WCJ) March 29, 2012 Findings And Award And Orders as amended April 18, 2012, wherein he found that applicant incurred industrial injury to his psyche while working for defendant as a grocery manager during the period ending April 12, 2002, causing temporary disability for the period April 13, 2002 to April 12, 2003, 12% permanent disability after apportionment to good faith personnel actions, and a need for future medical treatment. Applicant contends that his condition is not permanent and stationary for rating purposes because 1) defendant has not provided the work hardening prescr
