Jackie Moseley vs. St. Johns Knits And Travelers Insurance Company Administered By Ccmsi

In this case, Jackie Moseley is appealing a decision made by the Workers' Compensation Appeals Board. The Board granted reconsideration of the decision and amended the decision of June 24, 2011, to change the finding of permanent disability from 34% to 32%. The Board also ordered that Moseley be paid $31,950.00 in permanent disability indemnity, plus the 15% added permanent disability under Labor Code section 4658(d)(2) if appropriate, with attorney's fees of 15% of the total permanent disability indemnity awarded.

St. Johns Knits and Travelers Insurance Company Administered By CCMSI Jackie Moseley WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJACKIE MOSELEY, Applicant,vs.ST. JOHNS KNITS and TRAVELERS INSURANCE COMPANY Administered By CCMSI, Defendants.Case Nos. ADJ246238 (SFO 0503079)ADJ491939 (SFO 0503081OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION             We have considered the allegations of the petition for reconsideration, the answer filed by applicant and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record and for the reasons stated in said report which we adopt and incorporate, we will grant reconsideration, amend the WCJ’s decision as recommended in his report,1 and otherwise affirm the decision of June 24, 2011, which was served on the parties on June 27, 2011.            For the foregoing reasons,            IT IS ORDERED that reconsideration of the decision of June 24, 2011, is GRANTED.            IT IS FURTHER ORDERED, as the Decision After Reconsideration of the Workers’ Compensation Appeals Board, that the decision of June 24, 2011, is AFFIRMED, EXCEPT that Finding of Fact No. 3 and paragraph (b) of the Award are AMENDED to read as follows:            “3. The injury of August 21, 2004, caused permanent disability to the cervical and lumbar spine, after adjustment for loss of earning capacity, and for age, occupation and apportionment, of 32%, equal to $31,950.00, at the 2004 rate of $200.00 per week, plus the 15% added permanent disability under Labor Code section 4658(d)(2) if appropriate, in that no offer of modified work was made by defendant. 1            Based on the corrected permanent disability rating set forth in his report, the WCJ recommends that the finding on permanent disability be changed from 34% to 32%. ,             “(b) In Case Number ADJ246238, of permanent disability indemnity in the amount of $31,950.00, i

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