Oscar G. Sanchez, vs. Dietrich Industries; St. Paul/travelers Insurance Ccompany,

In this case, Dietrich Industries and St. Paul/Travelers Insurance Company sought reconsideration of a workers' compensation administrative law judge's decision that found Oscar G. Sanchez had sustained a period of temporary disability, 49% permanent disability without apportionment, and need for further medical treatment as a result of his admitted industrial cumulative trauma injury to his bilateral hands, elbows, upper extremities and hearing over the period ending April 2, 2004. The Workers' Compensation Appeals Board granted the reconsideration and rescinded the Findings, Award and Order, returning the matter to the trial level for new permanent disability rating using the 2005 Permanent Disability Rating Schedule.

DIETRICH INDUSTRIES; ST. PAUL/TRAVELERS INSURANCE CCOMPANY, OSCAR G. SANCHEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAOSCAR G. SANCHEZ, Applicant,vs.DIETRICH INDUSTRIES; ST. PAUL/TRAVELERS INSURANCE CCOMPANY, Defendants.Case No. ADJ2737564 (SBR 0322205)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTERRECONSIDERATION            Defendant, Travelers Property Casualty Company, on behalf of its insured, Dietrich Industries, seeks reconsideration of the Findings, Award and Order, issued June 9, 2009, in which a workers’ compensation administrative law judge (WCJ) found that as a result of his admitted industrial cumulative trauma injury to his bilateral hands, elbows, upper extremities and hearing over the period ending April 2, 2004, applicant, Oscar Sanchez, sustained a period of temporary disability, 49% permanent disability without apportionment, and need for further medical treatment. The WCJ determined that applicant’s permanent disability should be rated under the 1997 Permanent Disability Rating Schedule (PDRS), finding the August 25, 2004 medical-legal report by defendant’s Otolaryngologist, Dr. Paul Goodman indicated the existence of permanent disability prior to January 1, 2005. The WCJ further cited that March 16, 2004 abnormal EMG/NCS testing performed at Kaiser as a medical report indicating the existence of permanent disability prior to January 1, 2005.            Defendant contends the WCJ erred in finding an exception to the use of the 2005 PDRS for rating applicant’s permanent disability. Defendant argues that the medical report of Dr. Goodman does not qualify for the exception under Labor Code section 4660(d), as he does not find any , permanent disability from applicant’s injury to his hearing. Defendant further argues that applicant’s testimony establishes an absence of permanent disability as a result of the injury to his hearing. Finally, defendant argues that the pre-surgery abnormal neurological test results is also n

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