Timec Co., Inc.; St, Paul Travelers; Open Waves Systems; Lumberman’s Mutual Casualty Company, adjusted by Broadspire Herman Dennler WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHERMAN DENNLER, Applicant,vs.TIMEC CO., INC.; ST. PAUL TRAVELERS; OPEN WAVES SYSTEMS; LUMBERMAN’SMUTUAL CASUALTY COMPANY, Adjusted By BROADSPIRE, Defendants.Case Nos. ADJ3262542 (GRO 27301),;ADJ437058 (GRO 28637)OPINION AND ORDER GRANTING RECONSIDERATION AND OPINION AFTER RECONSIDERATION Defendant Lumberman’s Mutual Casualty Company (“Lumberman’s) seeks reconsideration of a Joint Findings and Award issued in cases GRO 27301 and GRO 28637 by a workers’ compensation administrative law judge (“WCJ”) on November 1, 2007. In GRO 27301, the WCJ found that, while employed by Timec Co., Inc., insured by St. Paul Travelers, as a mechanic on April 25, 2002, applicant sustained admitted industrial injury to his lumbar spine. In GRO 28637, the WCJ found that, while employed by Open Waves Systems, insured by Lumberman’s, on October 31, 2002, applicant sustained admitted industrial injury to his back. The WCJ found that applicant’s two injuries became permanent and stationary at the same time, and applied the so-called “Wilkinson rule” to rate the combined disability caused by the injuries in both cases (Wilkinson v. Workers’ Comp. Appeals Bd (1977) 19 Cal.3d 491 [42 Cal.Comp.Cases 406J), and made a finding that the injuries combined to cause permanent disability of 56%. Although there was no express finding of apportionment between the two injuries in the Joint Findings and Award, in the Opinion on Decision, the WCJ explained that 75% of applicant’s permanent disability was attributable to the April 25, 2002 injury in GRO 27301, and that 25% was attributable to the October 31, 2002 injury in GRO 28637. Accordingly, the WCJ found St. Paul Travelers liable for permanent disability indemnity in the amount of , S40.066.88 (75% of the sum corresponding to 56% permanent disabil
