Mark James vs. Pacific Bell Telephone Company; Permissibly Self-Insured Administered By Sedgwick 14627 Ontario

This case is about Mark James, an employee of Pacific Bell Telephone Company, who sustained an industrial injury to his skin (melanoma) while employed as a maintenance splicing technician from August 4, 1978 to February 23, 2007. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of the February 18, 2010 Findings and Award, which found that the applicant was entitled to 100% permanent disability. The Board found that the medical evaluator's opinion that it was not possible to determine, with reasonable medical probability, the percentage of permanent disability attributable to non-industrial causation was sufficient to meet the requirements of Labor Code section 4663(c). The Board concluded that the defendant had failed to meet its burden of proof and

Pacific Bell Telephone Company; Permissibly Self-Insured Administered by Sedgwick 14627 Ontario Mark James WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARK JAMES, Applicant,vs.PACIFIC BELL TELEPHONE COMPANY; PERMISSIBLY SELF-INSUREDADMINISTERED BY SEDGWICK 14627 ONTARIO, Defendant(s).Case No. ADJ1357786 (RDG 0126731)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Defendant seeks reconsideration of the February 18, 2010 Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found, in pertinent part, that applicant, while employed as a maintenance splicing technician during the period August 4, 1978, through February 23, 2007, sustained industrial injury to his skin (melanoma), causing 100% permanent disability.            Defendant contends the WCJ erred in failing to apportion permanent disability to non-industrial causation, arguing that such apportionment is mandatory under Labor Code section 4663, that agreed medical evaluator (AME), Dr. Robert Blau, failed to consult another physician when he could not determine the percentage of non-industrial causation, and that the WCJ was obligated to augment the record before issuing a decision on permanent disability and apportionment.            We have considered the Petition for Reconsideration and applicant’s Answer, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation of Workers’ Compensation Administrative Law Judge on Petition for Reconsideration (Report), recommending that the petition be denied. ,             For the reasons expressed in the WCJ’s Report, which we adopt and incorporate, and for the reasons discussed below, we will deny defendant’s petition for reconsideration.  Labor Code section 4663(c) provides,  “(c) In order for a physician’s report to be considered complete on  the issue of permanent disability, it must include an apportionment  determination. A physician shall make an apportionment  determina

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