Lisabeth Black vs. Wal-mart; Aig, Adjusted By Frank Gates Service Co.

In this case, the Workers' Compensation Appeals Board granted the defendant's petition for reconsideration of the May 16, 2007 Findings and Award, wherein the workers' compensation administrative law judge found that the applicant sustained industrial injury to her bilateral knees and lumbar spine, causing temporary disability from September 27, 2003, to July 7, 2005; permanent disability of 41 percent with apportionment, and need of further medical treatment. The Board granted the petition to allow time for the applicant to file reports by her treating physician, Dr. Vogel, after which the reports would be admitted into evidence and the matter would be deemed submitted for decision.

Wal-Mart; Aig, Adjusted By Frank Gates Service Co. Lisabeth Black WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALISABETH BLACK, Applicant,vs.WAL-MART; AIG, adjusted by FRANK GATES SERVICE CO., Defendant(s).Case No. AHM 118785OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND NOTICE OF INTENTION TO ADMIT EVIDENCE AND TO SUBMIT FOR DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the May 16, 2007 Findings and Award, wherein the workers’ compensation administrative law judge (“WCJ”) found that applicant, while employed as an auto service worker on September 21, 2003, sustained industrial injury to her bilateral knees and lumbar spine, causing temporary disability from September 27, 2003, to July 7, 2005; permanent disability of 41 percent with apportionment, and need of further medical treatment.            Defendant contends that the WCJ’s finding on permanent disability is incorrect because she improperly applied the 1997 Schedule for Rating Permanent Disabilities, despite the fact that there is no pre-2005 medical report indicating the existence of permanent disability.            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 grant the Petition for Reconsideration and give applicant fifteen days to file reports by treating physician Dr. Vogel, after which we will admit the reports into evidence and deem the matter submitted for decision. ,             Applicant sustained an admitted industrial injury to her bilateral knees and lumbar spine on September 21, 2003. Defendant paid temporary disability indemnity and permanent disability advances and furnished some medical treatment. Among the issues at the January 31, 2007 trial was which ratin

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