Michael Varney, vs. State Of California, Office Of Emergency Services, Legally Uninsured and Administered By State Compensation Insurance Fund,

In this case, Michael Varney, an applicant, and the State of California, Office of Emergency Services, legally uninsured and administered by State Compensation Insurance Fund, defendants, both sought reconsideration of a Findings and Award of May 22, 2007. The Workers' Compensation Appeals Board granted both petitions for reconsideration and rescinded the Findings and Award, returning the matter to the trial level Workers' Compensation Administrative Law Judge for further proceedings and a new decision. The Board also ordered that the defendant should provide any uncontested benefits, including further medical treatment and permanent disability indemnity for which it is indisputably liable.

STATE OF CALIFORNIA, OFFICE OF EMERGENCY SERVICES, legally uninsured and administered by STATE COMPENSATION INSURANCE FUND, MICHAEL VARNEY, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHAEL VARNEY, Applicant,vs.STATE OF CALIFORNIA, OFFICE OF EMERGENCY SERVICES, legally uninsured    and administered by STATE COMPENSATION INSURANCE FUND,, Defendants.Case No. SAL 0087232OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTER            Applicant and defendant separately seek reconsideration of the Findings and Award of May 22, 2007, wherein the workers’ compensation administrative law judge (WCJ) found, in essence, that applicant sustained an admitted industrial injury to his knees during a period through January 10, 2000, while employed, in part, by defendant as an emergency coordinator/teacher, and that the injury caused need for farther medical treatment and 72% permanent disability, entitling applicant to further medical treatment and permanent disability indemnity commencing on October 26, 2006, and totaling SI02,235, plus thereafter a life pension.            Applicant contends that his permanent disability indemnity should commence as of April 24, 2001, arguing that his condition became permanent and stationary on that date.Defendant contends that it should only be liable for 40% of applicant’s overall permanent disability, arguing that applicant’s prior employment as a firefighter also caused 40% of the overall permanent disability and that applicant’s election against defendant, pursuant to Labor Code section 5500.5, is “legally of no effect.”            Applicant filed an answer to defendant’s petitionWe have considered the contentions raised in the petitions of reconsideration and applicant’s answer to defendant’s petition. We have also considered the content of the WCJ’s , Report and Recommendation (Report) in which he recommended that we grant applicant’s petition for reconsideration and amend the award so that the awarded permanent dis

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