Jeanne Ramirez vs. Los Angeles Sheriff’s Department Permissibly Self-insured Administered By York Risk Services Group

.OPN In this case, the Los Angeles Sheriff's Department was self-insured and administered by York Risk Services Group. Jeanne Ramirez, the applicant, was a Deputy Sheriff for the County of Los Angeles Sheriffs Department from August 31, 1979 through July 12, 2006. She sustained an injury arising out of and in the course of her employment to her right knee, lumbar spine, left hip, and hypertension. The Workers' Compensation Appeals Board denied the Petition for Reconsideration of the April 2, 2014 Findings and Award of the workers' compensation administrative law judge (WCJ) awarding applicant 65% permanent disability after apportionment. The WCJ found that Labor Code section 4663 precluded apportionment to

LOS ANGELES SHERIFF’S DEPARTMENT permissibly self-insured administered by YORK RISK SERVICES GROUP JEANNE RAMIREZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJEANNE RAMIREZ, Applicant,vs.LOS ANGELES SHERIFF’S DEPARTMENT,permissibly self-insured, administered by    YORK RISK SERVICES GROUP, Defendants.Case No. ADJ4257974 (VNO 0533969)OPINION AND ORDERDENYING PETITION FORRECONSIDERATION            Defendant filed a timely and verified Petition for Reconsideration of the April 2, 2014 Findings and Award of the workers’ compensation administrative law judge (WCJ) awarding applicant 65% permanent disability after apportionment. Defendant contends that Labor Code section 4663 requires apportionment of applicant’s permanent disability in light of the June 5, 2013 report of the Agreed Medical Examiner (AME), Dr. Lee Wood, M.D., that apportioned 60% of applicant’s lumbar spine permanent disability to pre-existing or non-industrial causes.            Applicant filed an Answer. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration.            Based on our review of the record and the contents of the Report, which we adopt and incorporate, and for the reasons discussed below, we deny reconsideration.BACKGROUND            Applicant, while employed during the period August 31, 1979 through July 12, 2006, as a Deputy Sheriff by the County of Los Angeles Sheriffs Department, sustained injury arising out of and in the course of employment to her right knee, lumbar spine, left hip, and hypertension. Applicant received a stipulated award of 53% for this injury. The case was reopened and submitted on the issue of new and further disability.            The WCJ found that applicant suffered a permanent disability of 65%, with credit for the sums paid under the prior stipulated award. The WCJ found the AME’s report on apportionment not , substantial evidence. Thus, the WCJ did not apportion the current

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