Lawrence Brumley vs. Fisk Termite Control; Lipca Iwc/american Safety Insurance Co., Adjusted By Broadspire

is a case in which the defendant, Fisk Termite Control, and Lipca IWC/American Safety Insurance Co., Adjusted By Broadspire, sought reconsideration of a workers' compensation administrative law judge's (WCJ) Joint Findings, Award & Orders of February 3, 2011. The WCJ found that the applicant, Lawrence Brumley, sustained an industrial injury to his neck, causing temporary disability, permanent disability of 72%, and the need for further medical treatment. The defendant argued that the WCJ erred in finding that the applicant sustained a compensable industrial cumulative injury and that there was no basis for apportionment of permanent disability. The defendant's petition was dismissed because it was not timely filed, and even if it

Fisk Termite Control; Lipca IWC/American Safety Insurance Co., Adjusted By Broadspire Lawrence Brumley WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALAWRENCE BRUMLEY, Applicant,vs.FISK TERMITE CONTROL; LIPCA IWC/AMERICAN SAFETY INSURANCE CO., Adjusted By BROADSPIRE, Defendants.Case Nos. ADJ2712475 (OAK 292621)ADJ7322628OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION            Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Joint Findings, Award & Orders of February 3, 2011, wherein it was found that, while employed as a journeyman carpenter during a cumulative period ending on July 25, 2002 in case ADJ7322628, applicant sustained industrial injury to his neck, causing temporary disability, permanent disability of 72%, and the need for further medical treatment. In finding permanent disability of 72%, the WCJ found that there was no basis for apportionment of permanent disability. It was also found that the applicant did not sustain a specific July 25, 2002 neck injury in case ADJ2712475.            Defendant’s petition is not a model of clarity. However, it appears that defendant is contending that the WCJ erred in (1) finding that the applicant sustained a compensable industrial cumulative injury, arguing that the applicant never filed an application for adjudication of claim alleging cumulative injury, and arguing that any claim is barred by the statute of limitations and in (2) finding that there was no basis for apportionment of permanent disability, arguing that the WCJ should have followed the apportionment determination of applicant’s qualified medical evaluator, orthopedist Thomas P. Miles, M.D. The defendant also seeks “clarification” regarding why, earlier in this case, a compromise and release agreement was not approved. We have not received an , answer, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report).            We will dismiss the defendant’s pet

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