CITY OF FOLSOM/CORRECTIONAL FACILITY; and CALIFORNIA INSURANCE GUARANTEE ASSOCIATION on behalf of HIH, in liquidation, KATHRYN OIEN-LENTZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKATHRYN OIEN-LENTZ, Applicant,vs.CITY OF FOLSOM/CORRECTIONAL FACILITY; and CALIFORNIA INSURANCE GUARANTEE ASSOCIATION on behalf of HIH, in liquidation, Defendant.Case No. ADJ4390591 (SAC 0247444)OPINION AND DECISION AFTER RECONSIDERATION On July 28, 2008, we granted reconsideration of the Findings and Award After Reconsideration of May 2, 2008, as amended1 by the Amended Findings and Award After Reconsideration of May 16, 2008, pending the Court of Appeal’s decision reviewing the Appeals Board’s en banc decision in Benson v. The Permanente Medical Group (2007) 72 Cal.Comp.Cases 1620. The Court of Appeal has since issued its decision. This is our Decision After Reconsideration. In the disputed May 2 and May 16, 2008 decisions, the workers’ compensation judge (WCJ) found, in essence, that applicant sustained an admitted industrial injury to her neck, wrists, left shoulder and ankle, back, and psyche on December 13, 1995, while employed as a correctional officer by the City of Folsom/Correctional Facility, the insured on the date of injury of now-insolvent HIH America, for whose “covered claims” California Insurance Guarantee Association is liable. The WCJ further found that the injury caused 27.75% permanent disability after apportionment, entitling applicant to permanent disability indemnity totaling $18,409. 1The amendment corrected a clerical error regarding the amount of permanent disability indemnity due. , essence, that he determined the extent of permanent disability caused by the injury by apportioning, based on the medical evidence, between applicant’s three separate industrial injuries, rather than combining them, as required pursuant to the Appeals Board’s decision in Benson v. The Perrnanente Medical Group, supra, 72 Cal.Comp.Cases 1620.
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