LEVELL SMITH vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES

In this case, Levell Smith, a former teacher, sought reconsideration of a workers' compensation administrative law judge's (WCJ) decision that he had sustained industrial injury to his left wrist, neck, right wrist, and both shoulders, in the form of deep vein thrombosis, hypertensive cardiovascular disease, sleep disorder, and psyche, causing 52% permanent disability and a need for further medical treatment. The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's decision, returning the matter to the trial level WCJ for further proceedings and a new decision.

LOS ANGELES UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES LEVELL SMITH WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALEVELL SMITH, Applicant,vs.LOS ANGELES UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, AdministeredBy SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants.Case No. ADJ4280834 (LAO 0768011)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of the Findings of Fact and Award issued by a workers’ compensation administrative law judge (WCJ) on July 6, 2012, wherein the WCJ found that applicant, while employed as a teacher from June 30, 1997 through June 30, 1998, sustained industrial injury to his left wrist, neck, right wrist, both shoulders, in the form of deep vein thrombosis, hypertensive cardiovascular disease, sleep disorder, and psyche, causing 52% permanent disability and a need for further medical treatment.            Applicant contends the WCJ erred by misapplying principles of rating successive injuries and multiple injuries from a single accident, failing to rate applicant’s upper extremity disability, and failing to include a rating for permanent disability related to applicant’s hypertensive cardiovascular disease. Applicant also contends the WCJ incorrectly assumed that the heavy work restriction for applicant’s cardiac disability was subsumed in the sedentary work restriction for his back disability. Applicant further contends that the WCJ incorrectly assumed that the undue emotional stress restriction for applicant’s cardiac disability was subsumed in a no stress restriction for the psychiatric injury.            We have considered the Petition for Reconsideration (Petition) and we have reviewed the record in this matter. No answer was received. The WCJ has filed a Report and Recommendation on Petition , for Reconsideration (Report), recommending that the petition be granted and the matter returned to thet

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