Joanne Robinson, vs. State Of California/california conservation Corps, Legally Uninsured,

This case involves Joanne Robinson, who was employed as a "special corps person" and sustained an admitted industrial injury to her neck, back, tailbone, right major and left shoulders, and psyche on July 26, 2004. The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration and denied the Petition for Removal, finding that the existing medical record did not constitute substantial evidence upon which a determination of permanent disability may properly be made and that the parties must further develop the medical record such that there is substantial evidence upon which to base a finding of permanent disability.

STATE OF CALIFORNIA/CALIFORNIA CONSERVATION CORPS, legally uninsured, JOANNE ROBINSON, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOANNE ROBINSON, Applicant,vs.STATE OF CALIFORNIA/CALIFORNIA CONSERVATION CORPS, legally uninsured, Defendant(s).Case No. ADJ4024988 (SDO 0328602)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL            Applicant seeks removal, or in the alternative, reconsideration, of the “Findings and Award/Orders” issued September 17, 2009, wherein the workers’ compensation administrative law judge (WCJ) found that applicant sustained an admitted industrial injury to her “neck, back, tailbone, right major and left shoulders, and psyche”, on July 26, 2004, while employed as a “special corps person”. The WCJ also found that applicant had been adequately compensated for all claimed periods of temporary disability and medical treatment. However, the WCJ also found that the “existing medical record does not constitute substantial evidence upon which a determination of permanent disability may properly be made.” The WCJ ordered that the parties ii “further develop the medical record such that there is substantial evidence upon which to base a finding of permanent disability.”            Applicant contends that the WCJ erred by failing to award applicant permanent disability benefits based upon the existing medical record. Applicant argues: (1) that the existing medical record is an adequate basis for an award of permanent disability; (2) that defendant has failed to meet its burden of proving any apportionment to non-industrial factors; and 3) that defendant has had a reasonable time to conduct discovery on this issue.////// ,             In the Report and Recommendation on Petition for Removal/Reconsideration (Report), the WCJ set forth the specific inadequacies of the medical reports in evidence period and we incorporate by reference pages five through nine of the report.            Based upon o

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