CALIFORNIA SKATE FACTORY; STATE COMPENSATION INSURANCE FUND, LINO LEMUS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALINO LEMUS,OPINION AND ORDER Applicant,vs.CALIFORNIA SKATE FACTORY; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ446518 (MON 0327707)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTERRECONSIDERATION Defendant, State Compensation Insurance Fund, on behalf of its insured, California Skate Factory, seeks reconsideration of the Findings and Award, issued May 1, 2009, in which a workers’ compensation administrative law judge (WCJ) found applicant, Lino Lemus, sustained 64% permanent disability as a result of his admitted industrial injury on February 17, 2005, to his right hand and psyche, while employed as a machine operator. Defendant contests the WCJ’s rating of applicant’s permanent disability for the injury to his hand, contending the reports and deposition testimony of the Agreed Medical Examiner, Dr. Chaves, whom the WCJ cited in his Opinion on Decision, were improperly rated at a 54% WPI for the right major hand. In his Opinion on Decision, the WCJ stated that he relied upon the medical reports and deposition testimony of Dr. Chaves for his permanent disability rating instructions. In his Report and Recommendation on Petition for Reconsideration, the WCJ states that he agrees with defendant’s argument that the AME’s opinion was “confusing, incomplete, and did not accurately describe applicant’s condition and more specifically level of permanent disability. The Court agrees with Petitioner that the reporting of Dr. Chaves was unreliable.” Therefore, the WCJ states that he did not rely upon Dr. Chaves, but rather relied upon “the only remaining credible and , reliable medical evidence, the reporting of Dr. Fleming.” He later states that ‘The Court did not rely upon the AME’s report, deposition or reasoning in making its decision.” In view of the fact that in his Opinion
Lino Lemus, vs. California Skate Factory; State Compensation Insurance Fund,
In this case, the State Compensation Insurance Fund, on behalf of its insured, California Skate Factory, sought reconsideration of a workers' compensation administrative law judge's (WCJ) Findings and Award, which found that applicant, Lino Lemus, sustained 64% permanent disability as a result of his admitted industrial injury. The WCJ's Opinion on Decision stated that he relied upon the medical reports and deposition testimony of the Agreed Medical Examiner, Dr. Chaves, for his permanent disability rating instructions. The WCJ later stated that he did not rely upon the AME's report, deposition or reasoning in making his decision, and instead relied upon the reporting of Dr. Fleming. The Workers' Compensation Appeals Board granted the petition for reconsider
- Filed On:
- Court: California, San Francisco
- Case No. ADJ446518
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