Penny Munian vs. Oakdale Joint Unified School District,

In this case, Penny Munian, a teacher, was found to have sustained industrial injuries to her neck, thoracic and lumbar spine, and knees on January 10, 2008 and October 21, 2008, causing 28 percent permanent disability after apportionment and need for further medical treatment. The Workers' Compensation Appeals Board affirmed the decision of the Workers' Compensation Administrative Law Judge, finding that the WCJ adequately explained the reasons for her decision, that the permanent disability rating differed from the Disability Evaluation Unit's rating, and that the employer failed to produce evidence in support of its claim for a 15 percent reduction in permanent disability payments.

Oakdale Joint Unified School District, Penny Munian WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPENNY MUNIAN , Applicant,vs.OAKDALE JOINT UNIFIED SCHOOL DISTRICT , Defendant(s).Case No. ADJ7009305 ; ADJ6622776OPINION AND DECISION AFTER RECONSIDERATION            We previously granted defendant’s petition for reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Defendant sought reconsideration of the July 8, 2010 Joint Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found, in pertinent part, that applicant, while employed as a teacher on January 10, 2008, and on October 21, 2008, sustained industrial injuries to her neck, thoracic and lumbar spine, and knees, causing 28 percent permanent disability after apportionment and need for further medical treatment. Defendant contended that the WCJ failed to explain the reasons for her decision, including the reason why her permanent disability determination was different from the Disability Evaluation Unit’s (DEU) rating: that she failed to apportion permanent disability between the two injuries, as required by Benson v. The Permanente Medical Group (2007) 72 Cal.Comp.Cases 1620 (Appeals Board en banc); and that she erred by not reducing permanent disability payments by 15 percent, pursuant to Labor Code section 4658.            We have considered the Petition for Reconsideration, applicant’s Answer, and the WCJ*s Report and Recommendation on Petition for Reconsideration (Report): and we have reviewed the record in this matter.            For the reasons expressed in the WCJ’s Report, which we adopt and incorporate (except , for the paragraph on page 5 concerning Labor Code section 4658, which we do not adopt and incorporate), and for the reasons discussed below, we will affirm the WCJ’s decision.            First, we disagree with defendant s contention that the WCJ’s Opinion on Decision did not

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