THE BOEING COMPANY MCDONNELL DOUGLAS CORP CIGA SEDGWICK CLAIMS MANAGEMENT SERVICES for FREMONT INDEMNITY in liquidation JEANNETTE COOK WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJEANNETTE COOK, Applicant,vs.THE BOEING COMPANY/MCDONNELLDOUGLAS CORP.; CIGA; SEDGWICKCLAIMS MANAGEMENT SERVICES forFREMONT INDEMNITY, in liquidation, Defendants.Case No. ADJ2104277 (LBO 0294626)OPINION AND DECISIONAFTER RECONSIDERATION On June 14, 2013, we granted reconsideration in this matter to provide an opportunity to further study the legal and factual issues raised by the applicant’s petition for reconsideration. Having completed our review, we now issue our Decision After Reconsideration.1 Applicant, Jeannette Cook, filed a petition for reconsideration from the Findings and Award issued March 27, 2013, in which a workers’ compensation administrative law judge (WCJ) awarded applicant additional temporary disability but found she did not sustain additional permanent disability beyond the 32.5% previously awarded for her 1995 industrial injury to her bilateral wrists and shoulders.2 Applicant contests the WCJ’s reliance upon the opinion of an Agreed Medical Examiner (AME) to conclude applicant has not sustained additional permanent disability. Applicant further asserts the WCJ, by relying upon the AME’s retroactive prophylactic work preclusions to measure applicant’s prior and current permanent disability, is impermissibly disregarding the parties’ 1998 Stipulated Award which was based upon another physician’s rating of applicant’s subjective factors of disability. Applicant claims she is entitled to an award of 66% permanent disability. 1 The composition of the panel has changed due to the end of the term of appointment of Commissioner Moresi.2 In our June 14, 2013 order granting reconsideration, we inadvertently stated that the petition for reconsideration was filed by defendant. We now correct the record to reflect that applicant filed the petition
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