Kenneth Moore, vs. State Of California; State Compensation Insurance Fund, Adjusting Agency,

This case involves a dispute between Kenneth Moore, an applicant, and the State of California; State Compensation Insurance Fund, Adjusting Agency, the defendant. Moore was employed as a corrections officer on October 24, 2006 and sustained an industrial injury consisting of a hernia. The parties stipulated that Moore sustained the injury and the only issues at the hearing were permanent disability and attorney fees. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of the April 29, 2009 Findings and Award, which found that Moore sustained 20 percent permanent disability after adjustment for age and occupation and after apportionment. The Board found that the medical evidence admitted in the case supported the decision of the WCJ and that the defendant had not demonstrated that the opinion

STATE OF CALIFORNIA; STATE COMPENSATION INSURANCE FUND, Adjusting Agency, KENNETH MOORE, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKENNETH MOORE, Applicant,vs.STATE OF CALIFORNIA; STATE COMPENSATION INSURANCE FUND, Adjusting Agency, Defendant(s).Case No. ADJ2863902 (OAK 0333234)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Defendant seeks reconsideration of the April 29, 2009 Findings and Award, served on May 4, 2009, wherein the workers’ compensation administrative law judge (WCJ) found, in pertinent part, that applicant, while employed as a corrections officer on October 24, 2006, sustained industrial injury consisting of a hernia, causing 20 percent permanent disability, after adjustment for age and occupation and after apportionment.            Defendant contends the WCJ erred in finding 20 percent permanent disability, arguing that, under a correct reading of the American Medical Association Guides to the Evaluation of Permanent Impairment 5Ih Edition (AMA Guides), applicant has zero percent impairment.            We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an Answer from applicant. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied.            For the reasons discussed below, we will deny defendant’s petition.            The parties stipulated that applicant sustained industrial injury consisting of a hernia on October 24, 2006. The only issues at the March 18, 2009 hearing were permanent disability and , attorney fees. Two reports by agreed medical evaluator (AME), Dr. Revels Cayton, were admitted into evidence.            In Dr. Cayton’s March 25, 2008 report, he explained that Metric 6-9 of the AMA Guides is the appropriate metric. He determined that applicant is class II “on the basis of frequent discomfort precluding heavy lifting, but not hampering some activities of

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