Raymond Lane vs. Campbell Hall School; California Insurance Guarantee Association For Fremont Compensation Insurance Company, In Liquidation

(LBO 0278150)In this case, Raymond Lane was injured on the job and suffered a myocardial infarction and a psychiatric injury as a result. After a trial, the workers' compensation administrative law judge found that Lane was entitled to $448.00 per week for life, commencing January 14, 2004. The defendant filed a Petition for Reconsideration, contending that the WCJ did not correctly apply the principles of apportionment as set out in Labor Code sections 4663 and 4664. The Workers' Compensation Appeals Board granted the Petition for Reconsideration and found that the injury caused permanent disability of 93.5%, entitling Lane to $198.00 per week for 638 weeks

Campbell Hall School; California Insurance Guarantee Association for Fremont Compensation Insurance Company, in liquidation Raymond Lane WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARAYMOND LANE, Applicant,vs.CAMPBELL HALL SCHOOL; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT COMPENSATIONINSURANCE COMPANY, in liquidation, Defendants.Case No. ADJ1994269 (LBO 0278150)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            After our Opinion and Order Granting Petition for Reconsideration and Decision After Reconsideration dated April 12, 2012, this matter was set for trial and submitted for decision on September 17, 2012. On November 14, 2012, the workers’ compensation administrative law judge (WCJ) filed a Findings and Award and Order (After Remand), finding in relevant part that applicant’s injury cause permanent disability of one hundred percent (100%), entitling him to $448.00 per week for life, commencing January 14, 2004. Defendant filed a Petition for Reconsideration, contending that the WCJ did not correctly apply the principles of apportionment as set out in Labor Code sections 4663 and 4664.1 Applicant has filed an Answer.            For the history of this case, see our Decision After Reconsideration dated April 12, 2012, pages 2-4). Briefly, applicant suffered a myocardial infarction on January 25, 1996, and a psychiatric injury as a compensable consequence of the myocardial infarction. He has been evaluated by Bruce Gillis, M.D., and Bernard Sosner, M.D., as agreed medical evaluators (AMEs) in internal medicine and psychiatry, respectively. Dr. Gillis concluded that he was limited to sedentary work with no emotional stress 1 Unless otherwise specified, all statutory references are to the Labor Code. , because of his heart condition and that 50% of his disability was directly caused by his industrial injury and 50% by other factors. Dr. Sosner rated applicant’s psychiatric permanent disabilit

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