Oakland Unified School District; JT2 Integrated Resources Glenda Hammonds WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGLENDA HAMMONDS, Applicant,vs.OAKLAND UNIFIED SCHOOL DISTRICT; JT2 INTEGRATED RESOURCES, Defendants.Case No. ADJ2534727 (OAK 0298436)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award issued by a workers’ compensation administrative law judge (WCJ) on January 15, 2013, wherein the WCJ found that applicant, while employed on May 21, 2003 as a teacher, sustained industrial injury to both her knees, causing 100% permanent disability, and a need for further medical treatment. Defendant contends that the WCJ erred in finding 100% permanent disability, arguing that the WCJ should have apportioned applicant’s disability and found a final level of 90% permanent disability. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. Applicant filed an Answer. The WCJ was not available to file a Report and Recommendation on Petition for Reconsideration (Report). For the reasons discussed below, we will grant reconsideration, rescind the January 15, 2013 Findings and Award, and return the matter to the trial level for further proceedings and a new decision by the WCJ. On March 21, 2003, applicant sustained an admitted injury to her bilateral knees. She treated with Dr. Warren Strudwick. The parties agreed to utilize Dr. Michael Charles as agreed medical examiner (AME). Based on the reporting of Dr. Strudwick and Dr. Charles, applicant resolved her case by stipulations at 42% permanent disability on March 17, 2008. Applicant filed a timely Petition to Reopen. The matter proceeded to trial on August 23, 2012. The issues included permanent disability, , apportionment, and applicant’s claim of 100% permanent disability pursuant to Labor Code section 4662.1 Our review of the
Glenda Hammonds vs. Oakland Unified School District; Jt2 Integrated Resources
(OAK 0298436)
In this case, Glenda Hammonds, an employee of the Oakland Unified School District, filed a workers' compensation claim after sustaining an injury to her bilateral knees on March 21, 2003. The parties agreed to utilize an agreed medical examiner (AME) and the case was resolved by stipulations at 42% permanent disability on March 17, 2008. Hammonds then filed a Petition to Reopen, and the matter proceeded to trial on August 23, 2012. The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration, rescinded the January 15, 2013 Findings and Award, and returned the matter to the trial level for further proceedings and a new decision by the WCJ.
- Filed On:
- Court: California, Oakland
- Case No. ADJ2534727
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