Juan Manuel Vargas vs. Linroz Manufacturing; Reconsideration California Insurance Guarantee Association, By Its Servicing Facility Broadspire, For Superior National Insurance Company, In Liquidation

In this case, Juan Manuel Vargas was found to have sustained an admitted industrial injury to his left ankle and low back, as well as a non-stipulated injury to his psyche as a compensable consequence of the low-back injury. The Workers' Compensation Appeals Board granted reconsideration of the Findings & Award & Order of June 30, 2010, and rescinded the order, returning the matter to the trial level for further proceedings and decision. The Board found that the WCJ erred in awarding permanent disability benefits as of April 17, 1998, as the disability was not permanent and stationary until June 12, 2003. The Board also found that the WCJ did not make findings on certain outstanding issues, such as the applicant

Linroz Manufacturing; Reconsideration California Insurance Guarantee Association, By Its Servicing Facility Broadspire, For Superior National Insurance Company, In Liquidation Juan Manuel Vargas WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJUAN MANUEL VARGAS, Applicant,vs.LINROZ MANUFACTURING; RECONSIDERATION CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, By Its Servicing Facility BROADSPIRE, For SUPERIOR NATIONAL INSURANCE COMPANY, In Liquidation, Defendants.Case No. ADJ4328990OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION             Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings & Aw ard & Order of June 30, 2010. wherein it was found that, w hile employed as a cutter on July 25, 1997. applicant sustained admitted industrial injury to his left ankle and low back, and sustained a non*stipulated injury- to his psyche as a compensable consequence of the low- back injury. The WCJ found that the injury- caused permanent disability of 81%, commencing on April 17. 1998. The WCJ also found that “(a]pplicant is entitled to vocational rehabilitation .services and benefits.*’            Defendant contends that the WCJ erred in (1) finding the applicant entitled to permanent disability benefits as of April 17, 1998. arguing that the applicant’s disability did not become permanent and stationary until June 12. 2003. (2) finding industrial injury to the psyche, arguing that compensation for the psyche injury- is barred by Labor Code section 3208.3(d), and in (3) finding that “applicant is entitled to vocational rehabilitation services and benefits.” We have received an answer, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report). In addition, the defendant has filed a petition for leave to file a reply , brief to the WCJ’s Report. Pursuant to Appeals Board Rule 10848, we approve the defendant’s request, and we nave considered the defendant’s supplem

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