AUORA ELECTRONICS, INC., ST. PAUL/ TRAVELERS, MARY AUSTIN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARY AUSTIN, Applicant,vs.AUORA ELECTRONICS, INC., ST. PAUL/TRAVELERS, Defendant(s).Case No. ADJ1455157 (MON 0252659)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of the Findings and Award of October 17, 2008, in which the workers’ compensation judge (WCJ) found, in relevant part, that on December 10, 1997, applicant sustained industrial injury to her back, lower extremities, psyche, and wrists, causing permanent disability of 100%. The WCJ also found that there is no legal basis for apportionment of the permanent disability related to applicant’s wrists, back, and lower extremities, and that there is legal basis for apportionment to applicant’s psychiatric permanent disability, but the issue of apportionment of the psychiatric disability is moot in light of the total permanent disability caused by applicant’s orthopedic injury. Defendant contends, in substance, that the WCJ should have rated permanent disability under the 2005 Schedule for Rating Permanent Disabilities (PDRS), that the medical opinions of the Agreed Medical Evaluators (AMEs) do not support the WCJ’s finding of permanent and total disability, and that the WCJ erred in not following Dr. Alban’s opinion that “at least a portion of applicant’s problem is related to non-industrial osteoporosis.” Applicant filed an answer. Based on our review of the record, we conclude that the WCJ’s decision is justified by the evidence. Therefore, we will deny defendant’s petition for reconsideration. , We adopt and incorporate the “Introduction” and the “Facts” sections of the WCJ’s Report, which provides the relevant factual overview. Unless otherwise noted below, we do not adopt or incorporate the remainder of the Report. We begin by denying defendant’s contention that the 2005 PDRS should have b
MARY AUSTIN, vs. AUORA ELECTRONICS, INC., ST. PAUL/ TRAVELERS,
(MON 0252659) is a case in which Mary Austin, the applicant, was found to have sustained an industrial injury to her back, lower extremities, psyche, and wrists on December 10, 1997, causing permanent disability of 100%. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, finding that the 1997 Schedule for Rating Permanent Disabilities should be applied, and that the medical evidence justified a finding of permanent and total disability. The Board also found that there was no legal basis for apportionment of the permanent disability related to the applicant's wrists, back, and lower extremities, and that there was no legal basis for apportionment to the applicant's psychiatric permanent disability.
- Filed On:
- Court: California, Riverside
- Case No. ADJ1455157
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