Randy White vs. Heritage Park Apartments State Compensation Insurance Fund

HERITAGE PARK APARTMENTS STATE COMPENSATION INSURANCE FUND RANDY WHITE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARANDY WHITE, Applicant,vs.HERITAGE PARK APARTMENTS; STATECOMPENSATION INSURANCE FUND, Defendants.Case No. ADJ2766944 (SAC 0350871)OPINION AND DECISIONAFTERRECONSIDERATION            We granted applicant’s Petition for Reconsideration on December 9, 2013 to further study the factual and legal issues in this case. 1 This is our Opinion and Decision After Reconsideration.            Applicant sought reconsideration of the Findings and Award (F&A) issued by a workers’ compensation administrative law judge (WCJ) on September 24, 2013. The WCJ found in pertinent part that applicant sustained injury to his left knee and psyche; that he had psychiatric permanent disability of 48% after adjustment and before apportionment; that 30% of his psychiatric permanent disability was apportioned to non-industrial causes; and that he had overall permanent disability of 65%.            Applicant contended that based on the opinions of the psychiatric Qualified Medical Evaluator (QME) and applicant’s vocational expert, applicant’s permanent disability was 100%; and that the rating of applicant’s orthopedic impairment should have considered the orthopedic Agreed Medical Evaluator (AME)’s opinion under Almaraz/Guzman II.2 1 Commissioner Moresi, who was on the panel that issued the order granting reconsideration, no longer serves on the Appeals Board. Another panel member was assigned to take his place.2 Almaraz v. Environmental Recovery Services I Guzman v. Milpitas Unified School Dist. (2009) 74n Cal.Comp.Cases 1084 (Appeals Board en bane) (Almaraz/Guzman II) affirmed by Milpitas Unified School Dist. v. Workers’ Comp. Appeals Bd. (2010) 187 Cal.App.4th 808 [75 Cal.Comp.Cases 837] (modified on other grounds on September l, 2010). ,             We received an Answer from defendant. We received a Report and Recommendation (Report) from the WCJ in response to the Peti

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