Staff Mark Investment LLC and American Home Assurance Company adjusted by Chartis Kenneth Bryant WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKENNETH BRYANT, Applicant,vs.STAFF MARK INVESTMENT LLC and RECONSIDERATIONAMERICAN HOME ASSURANCE COMPANY adjusted by CHARTIS, Defendant(s).Case No. ADJ1292068 (STK 0203177)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISIONAFTER RECONSIDERATION Defendant seeks reconsideration of the Findings, Award and Order of February 1, 2010, in which the workers’ compensation judge (WCJ) found, in relevant part, that on September 23, 2005, applicant sustained industrial injury to his left ankle and left leg, both knees, spine, and left hip, causing permanent disability of 37%, based on the reports and deposition of the panel Qualified Medical Evaluator (QME), Dr. Burt. In addition, the WCJ found that defendant is estopped from raising the issue of earnings by virtue of its admission to earnings of $241.70 in its answer filed June 2, 2006, and that applicant did not submit evidence of earnings to rebut the earnings admitted by defendant. In her Opinion on Decision, the WCJ also found that defendant is not entitled to an overpayment credit against temporary disability, and that “any credit for overpayment of $58.87 per week shall be taken only for the period [of permanent disability] August 22, 2007 through August 5, 2008.” Finally, the WCJ ordered defendant to pay the Award forthwith. Defendant contends, in substance, that the WCJ erred in not considering defendant’s trial- setting document as an amendment to its earlier answer, that the WCJ failed to properly address temporary total disability overpayment and permanent disability overpayment relevant to the issue of earnings, that the permanent disability award is excessive because Dr. Burt’s medical , opinion is not substantial evidence of atrophy and pain related impairment, and that the WCJ erred in ordering defendant to pay the Award forthwith.
