Jesus Chavez, vs. Alvarado Manufacturing Company; State Compensation Insurance Fund,

, ALVARADO MANUFACTURING COMPANY, STATE COMPENSATION INSURANCE FUND, JESUS CHAVEZ, WORKERS' COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA: This case involves a dispute between Jesus Chavez, the applicant, and Alvarado Manufacturing Company and the State Compensation Insurance Fund, the defendants. The applicant was found to have sustained industrial injuries to his lumbar spine, causing permanent disability of 6% in ADJ4086512 and 24% in ADJ2551086. The WCJ found that the defendant did not carry its burden of proof with regard to the issue of apportionment to non-industrial factors. The WCAB granted reconsider

ALVARADO MANUFACTURING COMPANY; STATE COMPENSATION INSURANCE FUND, JESUS CHAVEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJESUS CHAVEZ Applicant,vs.ALVARADO MANUFACTURING COMPANY; STATE COMPENSATION INSURANCE FUND, Defendants.Case Nos. ADJ2551086 (LAO 857007)ADJ4086512 (LAO 856224)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant State Compensation Insurance Fund (“SCIF”) seeks reconsideration from two concurrently issued Findings and Awards of March 11, 2009. In ADJ4086512, it was found that, while employed as a machinist on December 19, 2003, applicant sustained industrial injury to his lumbar spine, causing permanent disability of 6%. In ADJ2551086, it was found that while employed as a machinist during a cumulative period ending on March 22, 2005, applicant sustained industrial injury to his lumbar spine, causing permanent disability of 24%.1 In making these findings, the WCJ found that applicant had overall spine disability of 30%. Based on the opinions of agreed medical evaluator, orthopedist Roger Sohn, M.D., the WCJ apportioned 80% of the applicant’s spine disability to the cumulative injury in ADJ2551086 and 20% of applicant’s spine disability to the specific injury in ADJ4086512. However, the WCJ found that the defendant did not carry its burden of proof with regard to the issue of apportionment to non-industrial factors.            SCIF contends that the WCJ erred in finding permanent disability of 24% in ADJ2551086 and 6% in ADJ4086512, arguing that the WCJ erred in not apportioning to non-industrial factors. 1 The WCJ also issued a Findings and Award in ADJ6638378 wherein he found that applicant sustained industrial injury to his right knee during a cumulative period ending on May 12, 2004, causing permanent disability of 15%. SCIF did not put this case number in the caption of its petition for reconsideration, and makes no contentions in its petition regarding this case. For whatever reason,

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