Maria Millan, vs. Complete Personnel Service; And State Compensation Insurance Fund,

(SBR 0308903) is a case in which Maria Millan, an employee of Complete Personnel Service, sustained an admitted industrial injury to her knees, back, and left shoulder on August 16, 2001. The parties stipulated that her knee permanent disability, as described by an orthopedic surgeon, rated to 67% using the 1997 Schedule for Rating Permanent Disabilities. The legal issue was whether the 1997 Schedule or 2005 Schedule applied to determine the extent of permanent disability caused by applicant's left shoulder condition, which developed in June 2004 as a compensable consequence of the August 2001 injury and did not become permanent and stationary until 2005. The Workers' Compensation Appeals Board found that the 1997 Schedule applied to determine the extent of permanent disability caused by

COMPLETE PERSONNEL SERVICE; and STATE COMPENSATION INSURANCE FUND, MARIA MILLAN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA MILLAN, Applicant,vs.COMPLETE PERSONNEL SERVICE; andSTATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ202816 (SBR 0308903)OPINION AND ORDER DENYING RECONSIDERATION            Defendant seeks reconsideration of the Findings of Fact and Award of September 28, 2009, wherein the workers’ compensation judge (WCJ) found, in essence, that applicant sustained an admitted industrial injury to her knees, back, and left shoulder on August 16, 2001, while employed as a packer by Complete Personnel Agency, State Compensation Insurance Fund’s insured on the date of injury, and that the injury caused, among other things, a need for further medical treatment and 81% permanent disability, determined pursuant to the 1997 Schedule for Rating Permanent Disabilities (1997 Schedule), entitling applicant to further medical treatment and permanent disability indemnity totaling $87,585.09 plus thereafter a weekly life pension.            In relevant part of the Opinion on Decision in support of the September 28, 2009 Findings of Fact and Award, the WCJ explained that the 1997 Schedule applied to determine the extent of permanent disability for all of applicant’s injured body parts, including her left shoulder condition that developed in June 2004 as a compensable consequence of the initial August 2001 injury.            Defendant ostensibly contends that the injury caused less than 81% permanent disability, arguing that the WCJ erred in applying the 1997 Schedule to applicant’s left shoulder because it did not become permanent and stationary until 2005.            Applicant filed an answer to defendant’s petition for reconsideration. , I.            We have considered the contentions made in the petition for reconsideration and answer thereto, as well as the content of the WCJ’s Report and Recommendation.            Based on our review of

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