John Chase vs. Contra Costa Mosquito & Vector Control District, Permissibly Self-insured

In this case, the Contra Costa Mosquito & Vector Control District sought reconsideration of the January 8, 2013 Joint Amended Findings and Award of the workers' compensation administrative law judge, which found that the applicant, John Chase, incurred industrial injury to his left ankle, gastrointestinal system, and in the form of hypertension and sleep and sexual dysfunction, causing a period of temporary disability and 41% permanent partial disability with a need for future medical treatment. The Appeals Board denied the petition for reconsideration and affirmed the WCJ's decision, finding that the defendant had failed to prove that it had engaged any of the three methods to rebut the schedule and that the applicant was entitled to a fee for the services of his vocational expert.

Contra Costa Mosquito & Vector Control District, Permissibly Self-Insured John Chase WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOHN CHASE, Applicant,vs.CONTRA COSTA MOSQUITO & VECTOR CONTROL DISTRICT, PermissiblySelf-Insured, Defendant.Case No. ADJ2913485 (OAK 0329743) ADJ3922833 (OAK 0329744) (Oakland District Office)OPINION AND DECISION DENYING PETITION FOR RECONSIDERATION            Defendant seeks reconsideration of the January 8, 2013 Joint Amended Findings and Award of the workers’ compensation administrative law judge (WCJ) who found in ADJ2913485 that applicant, while employed by defendant as an abatement control inspector on May 17, 2006, incurred industrial injury to his left ankle, gastrointestinal system and in the form of hypertension and sleep and sexual dysfunction, causing a period of temporary disability and 41% permanent partial disability with a need for future medical treatment. In ADJ3922833, the WCJ found that applicant, while in that same employ during the period May 17, 2005 through May 17, 2006, incurred industrial injury to his spine causing no period of temporary disability, but 6% permanent disability with a need for future medical treatment. The WCJ further found that applicant appropriately incurred the services of vocational expert Frank Diaz, CDMS, and that Mr. Diaz was entitled to payment of his fee from defendant, and that defendant was subject to a 10% Labor Code section 4650(d) penalty for delayed payment of benefits.1            Defendant contends that it rebutted the Permanent Disability Rating Schedule (PDRS) ratings of applicant’s permanent disability, that the finding of 41% permanent disability in ADJ2913485 is not 1 Further statutory references are to the Labor Code. Section 4650(d) provides in pertinent part as follows: “If any indemnity payment is not made timely as required by this section, the amount of the late payment shall be increased 10 percent and shall be paid, without application, to the employee.

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