Motion Picture And Television Fund, Permissibly Self-Insured, Adjusted By Royal Indemnity Co Jesus Sanjoro WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJESUS SANJORO, Applicant,vs.MOTION PICTURE AND TELEVISION FUND, Permissibly Self-Insured, Adjusted By ROYAL INDEMNITY CO. Defendant.Case No. VN0482752; VN0482753OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Findings, Award and Order of April 19, 2007, wherein the WCJ found that, while employed as a security officer on December 24, 2001, applicant sustained admitted industrial injury to his bilateral knees and left thumb causing permanent disability of 46%. The WCJ found no basis for apportionment of permanent disability. Defendant contends that the WCJ erred in finding permanent disability of 46%, arguing that the WCJ should have found a basis for apportionment of permanent disability. We have received an answer and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (“Repon”). For the reasons stated by the WCJ in his Report, which we hereby adopt and incorporate, we will deny defendant’s Petition for Reconsideration. As stated by the WCJ in his Report, agreed medical evaluator (“AME”) Stephen A. Wertheimer, M.D. opined that 75% of applicant’s permanent disability was apportionable to non-industrial factors because, according to the AME, applicant’s knee replacement surgery was 75% attributable to the non-industrial arthritis. Nevertheless, the AME also testified that applicant’s current disability is completely due to the knee replacement surgery because he no longer has non-industrial arthritis. , As noted by the WCJ, the facts here arc indistinguishable from Steinkamp v. City of Concord (2006) 2006 Cal.Wrk.Comp. P.D. LEXIS 24 (Appeals Bd. panel), writ denied July 12,2006, 71 Cal.Comp.Cases 1203. In Steinkamp, we wrote:“Here, we conclude that t
Jesus Sanjoro vs. Motion Picture And Television Fund, Permissibly Self-insured, Adjusted By Royal Indemnity Co
: In this case, Jesus Sanjoro, an employee of Motion Picture and Television Fund, was injured while on the job on December 24, 2001. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of the WCJ's Findings, Award and Order of April 19, 2007, which found that Sanjoro had sustained an admitted industrial injury to his bilateral knees and left thumb causing permanent disability of 46%. The defendant argued that the WCJ should have found a basis for apportionment of permanent disability, but the Board found no basis for apportionment and denied the petition.
- Filed On:
- Court: California, Van Nuys
- Case No. VN0482752
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