RICHARD ANDERSON vs. JAGUAR/LANDROVER OF VENTURA; COMPWEST INSURANCE COMPANY

JAGUAR/LANDROVER OF VENTURA; COMPWEST INSURANCE COMPANY RICHARD ANDERSON WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARICHARD ANDERSON, Applicant,vs.JAGUAR/LANDROVER OF VENTURA; COMPWEST INSURANCECOMPANY, Defendants.Case No. ADJ7166686(Oxnard District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION ANDDECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the May 2, 2012 Findings and Award of the workers’ compensation administrative law judge (WCJ) who found that applicant incurred industrial injury to his brain, neurological system, vision, urological system, psyche and right shoulder while working for defendant as an automobile mechanic on September 2, 2008, causing 100% total permanent disability and need for future medical treatment. The WCJ further found that defendant was liable for the $1,200.00 cost of applicant’s medical-legal vocational expert John Meyers, and that applicant’s attorney is entitled to a reasonable fee of $200,000, “to be commuted from the far side of the award to the extent necessary to pay as one lump sum.”            Defendant contends that applicant’s permanent disability should have been apportioned to non- industrial factors, that it should not have been found liable for Mr. Meyer’s fee and that the award of applicant’s attorney’s fees is in error because there is no “far side of the award” in a 100% permanent disability case and the 4.6% cost of living adjustment (COLA) assumed by the Disability Evaluation Unit (DEU) in calculating the present value of the permanent disability award is speculative, too high and not in applicant’s best interest because it could result in reduced permanent disability payments if the/ / // / // / / , assumed COLA of 4.6% exceeds the “SAWW” adjustment to applicant’s life pension.1            An answer was received and the WCJ provided a Report and Recommendation on Petition for Reconsideration (Report) in which he acknowledges that the reference to the “far

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