State Of California, Legally Uninsured, Mukesh Singh, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMUKESH SINGH,Applicants,vs.STATE OF CALIFORNIA, Legally Uninsured,Defendant.Case Nos. ADJ2653468 (LBO 0389795)ADJ7229862ADJ9578758ADJ10137164OPINION AND DECISION AFTER RECONSIDERATION In order to further study the factual and legal issues in this matter, on April 24, 2017, we granted defendant’s Petition for Reconsideration of a workers’ compensation administrative law judge’s (WCJ) Joint Findings and Award and Order of February 2, 2017, wherein it was found that while employed by the State of California as a heavy equipment mechanic, applicant sustained industrial injury as follows: • On December 15, 2006 to his shoulders, neck, back, psyche and upper extremities, causing permanent disability of 73% (ADJ2653468). •On December 11, 2007 to his back, causing no permanent disability (ADJ10137164). •On September 1, 2009 to his left shoulder, upper extremities, neck, and psyche, causing permanent disability of 65% (ADJ7229862). • During a cumulative period ending on October 16, 2009 to his neck, lumbar spine, upper extremities, and sleep, causing permanent disability of 95% (ADJ9578758). It appears uncontested that the scheduled permanent disability ratings in this case would have rendered an award of 53% for the December 15, 2006 injury in case ADJ2653468, 47% for the September 1, 2009 injury in case ADJ7229862; and 67% for the cumulative injury in case ADJ9578758. The WCJ did not employ the scheduled ratings because combining the scheduled disabilities, before apportioning to each injury and to non-industrial factors, yielded overall 95% permanent disability 1. However, the WCJ found that this overall 95% permanent disability had been rebutted by the opinion of 1 We combined the disabilities listed on page 2 of the WCJ’s Opinion on Decision. , vocational expert Laura Wilson, MBA, who opined that ap
Mukesh Singh, vs. State Of California, Legally Uninsured,
In this case, Mukesh Singh, an employee of the State of California, was found to have sustained industrial injuries to his shoulders, neck, back, psyche, and upper extremities on December 15, 2006, to his back on December 11, 2007, to his left shoulder, upper extremities, neck, and psyche on September 1, 2009, and during a cumulative period ending on October 16, 2009 to his neck, lumbar spine, upper extremities, and sleep. The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration and amended the decision to incorporate the scheduled permanent disability ratings, finding 53% permanent disability in the December 15, 2006 injury, 47% permanent disability in the September 1,
- Filed On:
- Court: California, Long Beach
- Case No. ADJ2653468
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