This case is about Randall Minvielle, a firefighter employed by the County of Contra Costa, who sustained an industrial injury to his back on November 22, 2004. The Workers’ Compensation Appeals Board denied the defendant’s petition for reconsideration of the October 23, 2009 Findings and Award, which found that the applicant sustained 31% permanent disability without apportionment. The defendant argued that the earlier award of 27.5% permanent disability in a different case should be subtracted from the current permanent disability of 31% pursuant to Labor Code section 4664. The WCJ concluded that there was no basis for apportionment under section 4663 because the parties’ Agreed Medical Examiner opined that applicant rehabilitated from his earlier 1992 back injury.
County of Contra Costa Randall Minvielle WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARANDALL MINVIELLE, Applicant,vs.COUNTY OF CONTRA COSTA / CONTRA COSTA FIRE, legally uninsured, Defendant(s).Case No. ADJ277378 (OAK 0321116)OPINION AND ORDER DENYING RECONSIDERATION Defendant seeks reconsideration of the October 23, 2009 Findings and Award of the workers’ compensation administrative law judge (WCJ) who found in this case (OAK 0321116) that applicant, while employed by defendant as a firefighter, sustained industrial injury to his back on November 22, 2004, causing 31% permanent disability without apportionment, and a need for future medical treatment. It was earlier found on May 4, 1995 in a different case, WCK 022127, that applicant sustained an industrial injury to his back while working for the same employer as a firefighter on October 8, 1992, causing 27.5% permanent disability. The WCJ addressed the issue of apportionment in this case in her fin
