Keith Schkoda, vs. State Of California/department Of Insurance; State Compensation Insurance Fund/state Contracts, Legally Uninsured,

This case involves a Petition for Reconsideration filed by the State of California, Department of Insurance, Legally Uninsured, and State Compensation Insurance Fund/State Contract Services, Adjustment Agent, and their respective counsel. The Workers' Compensation Appeals Board granted the Petition for Reconsideration and rescinded the decision of the Workers' Compensation Administrative Law Judge, returning the matter for further proceedings and decision by the WCJ. The issues raised in the Petition for Reconsideration include the combination of the applicant's specific orthopedic and cumulative trauma internal injuries into one rating, separate findings of fact and law for each separate injury, apportionment pursuant to Section 4664 due to a prior Stipulation For Request for Award,

STATE OF CALIFORNIA/DEPARTMENT OF INSURANCE; STATE COMPENSATION INSURANCE FUND/STATE CONTRACTS, Legally Uninsured, KEITH SCHKODA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKEITH SCHKODA, Applicant,vs.STATE OF CALIFORNIA/DEPARTMENT OF INSURANCE; STATE COMPENSATION INSURANCE FUND/STATE CONTRACTS, Legally Uninsured, Defendants,Case Nos. ADJ2936583 (VNO 0386402)ADJ1823404 (VNO 0386401)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            We have considered the allegations of the Petitions for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will grant reconsideration, rescind the WCJ’s decision, and return this matter for further proceedings and decision by the WCJ. This is not a final decision on the merits of any issues raised herein, and the parties retain the right to seek reconsideration of the WCJ’s new decision.            We note that the WCJ’s report with respect to the petition filed by defendant is also responsive to the petition filed by applicant’s former attorney, as defendant’s petition likewise alleges error in failing to provide fees to applicant’s prior counsel, and the WCJ recommends granting reconsideration on that issue, as well as the other issues raised by defendant./////////////// ,             For the foregoing reasons,            IT IS HEREBY ORDERED that reconsideration of the decision of January 7, 2009, is GRANTED, and as the Decision After Reconsideration the decision is RESCINDED, and this matter RETURNED to the trial level for further proceedings and decision by the WCJ.        WORKERS’ COMPENSATION APPEALS BOARD        _______________________________        ALFONSO J. MORESII CONCUR,_______________________________        RONNIE G. CAPLANECONCURRING, BUT NOT SIGNING_____DEIDRA E. LOWE___________DATED

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