Levell Smith vs. Los Angeles Unified School District, Permissibly Self-insured; Administered By Sedgwick Cms

In this case, the Los Angeles Unified School District, permissibly self-insured and administered by Sedgwick CMS, was found liable for an injury sustained by Levell Smith, a teacher from June 30, 1997 through June 30, 1998. The injury included damage to her left wrist, neck, right wrist, both shoulders, psyche, and in the form of deep vein thrombosis, hypertensive cardiovascular disease, and a sleep disorder. The Workers' Compensation Appeals Board found that the applicant was 100% permanently disabled after apportioning to a 50% stipulated permanent disability award for a 1988 injury to applicant's cervical spine. The Board affirmed the WCJ's decision after reconsideration.

Los Angeles Unified School District, permissibly self-insured; Administered by Sedgwick CMS Levell Smith WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALEVELL SMITH, Applicant,vs.LOS ANGELES UNIFIED SCHOOL DISTRICT, permissiblyself-insured; Administered by SEDGWICK CMS, Defendants.Case No. ADJ4280834 (LAO 0768011)OPINION AND DECISION AFTER RECONSIDERATION            On February 22, 2013, the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration of the December 3, 2012 Findings and Award to further study the factual and legal issues. This is our Decision After Reconsideration.            In the December 3, 2012 Findings and Award, the WCJ found that applicant, while employed as a teacher from June 30, 1997 through June 30, 1998, sustained an injury to her left wrist, neck, right wrist, both shoulders, psyche, and in the form of deep vein thrombosis, hypertensive cardiovascular disease, and a sleep disorder. The WCJ found that applicant’s injury caused 100% permanent disability and that there was a basis for apportionment. After apportioning to a 50% stipulated permanent disability award for a 1988 injury to applicant’s cervical spine, the WCJ found that the applicant was 100% permanently disabled.            Defendant contends that the WCJ erred in finding that applicant sustained 100% permanent disability, arguing that the WCJ did not follow the apportionment findings of the agreed medical evaluator (AME) Dr. Alban. Defendant also contends that it was not required to cross-examine the DEU rater.            We have considered the Petition for Reconsideration and we have reviewed the record in this matter. We have received an answer from applicant. The WCJ prepared a Report on Reconsideration (Report), recommending that we deny reconsideration. ,             For the reasons stated by the WCJ in his Report, which we adopt and incorporate by reference, we will affirm the WCJ’s decision.            In this case, the WCJ issued rating inst

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