Jerry M. Cantu vs. State Of California, Department Of Social Services; State Compensation Insurance Fund

In this case, the State of California, Department of Social Services and State Compensation Insurance Fund were in dispute over whether Jerry M. Cantu was entitled to new and further disability benefits. The Workers' Compensation Appeals Board denied the petition for reconsideration, finding that Cantu did have new and further disability and that his new level of disability was 76 percent. The Board also found that the defendant was entitled to a credit or offset for the prior 30 percent award, but that apportionment was not necessary as the award stood on its own restriction.

State of California, Department of Social Services; State Compensation Insurance Fund Jerry M. Cantu WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJERRY M. CANTU, Applicant,vs.STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES; STATECOMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ4531546 (ANA 0380116)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Defendant seeks reconsideration of the March 8, 2010 Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found that applicant does have new and further disability and that his new level of disability is 76 percent.            Defendant contends that the award needs clarification that defendant is entitled to a credit or offset for the prior 30 percent award, that the WCJ should have divided the award between the specific and cumulative trauma injuries sustained by applicant pursuant to Benson v. Workers’ Comp. Appeals Bd. (2009) 170 Cal.App.4th 1535 [74 Cal.Comp.Cases 113] (Benson), and that the WCJ erred by not apportioning permanent disability to non-industrial factors.            We have considered the Petition for Reconsideration and applicant’s Response to Defendant’s Petition for Reconsideration, and we have reviewed the record in this matter. The WCJ has retired and was not available to prepare a Report and Recommendation on Petition for Reconsideration.            For the reasons discussed below, we will deny defendant’s petition for reconsideration.            Trial was held on September 16, 2008. Case numbers ANA 0380116 and ANA 0396894 were consolidated. In the present case, ANA 0380116, there had been a Stipulations with Request , for Award, approved by the Award of March 14, 2006, wherein the parties had stipulated that applicant, while employed as a fraud investigator on May 13, 2003, sustained industrial injury to his left knee and left foot, causing 30 percent permanent disability, payable at the rate of $185.00 per week, for the total sum

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