Ricardo Limon, vs. Pyramid Builders; State Compensation Insurance Fund,

This case is about Ricardo Limon, an employee of Pyramid Builders, who sustained an admitted industrial injury to his lumbar spine and left knee on November 5, 2003. The Workers' Compensation Appeals Board granted reconsideration of a Workers' Compensation Administrative Law Judge's Findings and Award of December 15, 2008, which found that Limon had sustained permanent disability of 35%. The Board rescinded the Findings and Award and returned the matter to the trial level for further proceedings and decision in order to bring the record in this matter in compliance with WCAB Rule 10566(c), Hamilton v. Lockheed Corp., and Labor Code § 5313. The Board also requested that the medical record be further developed on the issues of permanent disability and app

PYRAMID BUILDERS; STATE COMPENSATION INSURANCE FUND, RICARDO LIMON, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARICARDO LIMON, Applicant,vs.PYRAMID BUILDERS; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ589352 (SBR 0319151)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant and defendant each seek reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Findings and Award of December 15, 2008 wherein it was found that, while employed as a masonry foreman on November 5, 2003, applicant sustained admitted industrial injury to his lumbar spine and left knee, causing permanent disability of 35%. In finding permanent disability of 35%, the WCJ found that there was no basis for apportionment of permanent disability to non-industrial factors. Additionally, the WCJ rated the applicant’s I permanent disability under the new 2005 Schedule for Rating Permanent Disabilities rather than under the old 1997 Schedule for Rating Permanent Disabilities.            In his petition, the applicant contends that the WCJ erred in utilizing the new 2005 Schedule rather than the old 1997 Schedule to rate the applicant’s permanent disability. In its petition, the defendant contends that the WCJ erred in not finding a basis for apportionment of permanent disability to non-industrial factors. The defendant has filed an answer to the applicant’s petition, and the WCJ has filed a Report and Recommendation on Petitions for Reconsideration.            As explained below, we will grant reconsideration, rescind the Findings and Award of December 15, 2008 and return this matter to the trial level for further proceedings and decision in order to bring the record in this matter in compliance with WCAB Rule 10566(c) (Cal. Code Regs., tit. 8, § 10566, subd. (c)), Hamilton v. Lockheed Corp. (2001) 66 Cal.Comp.Cases 473 (Appeals Bd. , en banc), and Labor Code § 5313. In addition, in the further proceedings, the WC

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