State Of California, Department Of Developmental Services, Legally Uninsured; State Compensation Insurance Fund Gurdev Malhotra WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGURDEV MALHOTRA, Applicant,vs.STATE OF CALIFORNIA, DEPARTMENT OF DEVELOPMENTAL SERVICES, Legally Uninsured;CONTRACT SERVICE, Adjusting agency , Defendants.Case No. ADJ360205 (LBO 0384980)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Defendant, State of California, Department of Developmental Services, by and through its adjusting agent, Stale Compensation Insurance Fund, seeks reconsideration of the Findings of Fact, issued May 27, 2010, in which a workers’ compensation administrative law judge (WCJ) found applicant Gurdcv Malhotra’s permanent disability rating could be based upon his grip loss under the AMA Guides. The WCJ did not issue a finding on applicant’s permanent disability arising from his admitted April 5, 2006 injury to his right ïmall finger. Defendant contends the WCJ erred in finding applicant’s permanent disability rating could be based upon his loss of grip strength when loss of motion is present, there being no applicable “rare case” exception to the AMA Guides. Defendant also contends that the reports of Dr. Colias, the Panel Qualified Medical Evaluator (QME), do not support rating applicant’s permanent disability on the basis of his grip loss. Applicant has filed an answer to defendant’s petition, contending it should be dismissed in the absence of a final decision by the WCJ. For the reasons set forth below, we shall grant reconsideration, rescind the Findings of Fact , and return this matter to the WCJ for further proceedings and for decision on the issue of applicant’s permanent disability.I. Applicant sustained an admitted injury to his right small finger from a laceration on April 5.2006. He was evaluated by QME Dr. John Colias on December 30, 2008, Dr. Colias note
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