BELMONT VILLAGE, LP, Permissibly Self-Insured, MAXINE MEDINA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMAXINE MEDINA, Applicant,vs.BELMONT VILLAGE, LP, Permissibly Self-Insured, Defendant(s).Case No. ADJ2385124 (LAO 0854260)ADJ3188576 (LAO 0854259)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the September 30, 2009 Joint Findings and Award and Orders issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found, based on the parties’ prior stipulations that applicant sustained industrial injury to her left thumb, left shoulder, bilateral knees, and low back and claims to have sustained industrial injury to her “psyche” and internal organs while employed as an LVN on December 29, 2004 (LAO 0854260), and sustained industrial injury to her “psyche” and to her gastrointestinal system while employed from December 29, 2003 through December 29, 2004 (LAO 0854259) and as a compensable consequence to the specific injury on December 29, 2004. The WCJ further found that the specific injury on December 29, 2004 caused 29% permanent disability and that the cumulative trauma from December 29, 2003 through December 29, 2004 caused 42% permanent disability. The WCJ also found that 10% of applicant’s orthopedic disability and 15% of applicant’s psychiatric disability is apportionable to non-industrial causes. Finally, the WCJ found that the injuries herein caused need for further medical treatment. Applicant contends that the WCJ erred in relying on the September 16, 2009 Recommended Rating to award 29% permanent disability in LAO 0854260 (Date of Injury (DOI): December 29, 2004) arguing that the Recommended Rating failed to address the WCJ’s , instructions with regard to orthopedic permanent disability. Defendant did not file an answer and the WCJ was not available to issue a Report and Recommendation on Petition for Reconsideration.
