Juanita Morales vs. Fralock Industries ( A Division Of Lockwood) State Compensation Insurance Fund;ciga; For Legion Insurance, In Liquidation,

(VNO 0508264) is a case involving Juanita Morales and Fralock Industries (a division of Lockwood), State Compensation Insurance Fund, and CIGA for Legion Insurance in Liquidation. Morales sought reconsideration of the April 8, 2010 Findings and Award, which found that she sustained an industrial injury to both upper extremities but not to her back, psyche, both lower extremities, or in the form of headaches. The Workers' Compensation Appeals Board granted reconsideration and amended the Findings and Award to award permanent disability commencing on October 8, 2004.

Fralock Industries ( A division of Lockwood) State Compensation Insurance fund;CIGA; for Legion Insurance, in Liquidation, Juanita Morales WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIAJUANITA MORALES,Applicant, vs. FRALOCK INDUSTRIES, (A DIVISION OF LOCKWOOD); STATE COMPENSATION INSURANCE FUND; CIGA, for LEGION INSURANCE, in liquidation, Defendants.Case No. ADJ2564772 (VNO 0508264) OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of the April 8, 2010 Findings and Award wherein the Workers’ Compensation Administrative Law Judge (WCJ) found that the applicant, whileemployed during the period December 1996 through May 28, 2003, sustained an industrial injury to both upper extremities and did not sustain an industrial injury to her back, psyche, both lower extremities and in the form of headaches. The WCJ found that the applicant is entitled to 52% permanent disability, with payments commencing on July 31, 2006.            Applicant contends that the WCJ erred in finding that permanent disability payments should commence on July 31, 2006, arguing that there is no medical evidence to support this finding.            We have considered the petition for reconsideration, and we have reviewed the record in this matter. We have not received an answer from defendant. The WCJ has retired and has not filed a Report and Recommendation on Petition for Reconsideration.             For the reasons discussed below, we will grant reconsideration and amend the Findings and Award to find that permanent disability payments should commence on October 8, 2004. Applicant’s primary treating physician, Dr. Carr, issued a permanent and stationary report , on October 7, 2004. The WCJ awarded permanent disability in accordance with this report. (April8, 2010 Opinion on Decision.) Accordingly, we will amend the Findings and Award to award permanent disability commencing on October 8, 2004. For the forgoing reason

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