Rick L. Ramirez vs. The Murrel Company; State Compensation Insurance Fund

.OPN In this case, the Murrel Company and the State Compensation Insurance Fund were in dispute over whether the applicant, Rick L. Ramirez, sustained an industrial injury to his left hip while employed by the Murrel Company. The Workers' Compensation Appeals Board granted reconsideration and affirmed the finding of industrial injury, but returned the matter to the trial level for further development of the medical record on the issues of permanent disability and apportionment. The Board noted that the medical opinion of Dr. Woods was substantial evidence, but that the medical opinion of Dr. Feiwell was not substantial evidence. The Board also noted that the fact that SB 899 makes it easier to prove apportionment of permanent disability based on a preexisting condition

THE MURREL COMPANY; STATE COMPENSATION INSURANCE FUND RICK L. RAMIREZ WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARICK L. RAMIREZ, Applicant,vs.THE MURREL COMPANY; STATE COMPENSATION INSURANCE FUND. Defendant(s).Case No. ANA 0376730OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION            Defendant seeks reconsideration of the Findings, Award and Order of May 4, 2007, in which the workers’ compensation administrative law judge (WCJ) found, in relevant part, that applicant sustained industrial injury to his left hip while employed during the period January 1999 to November 18, 2002, that applicant was temporarily totally disabled from November 19, 2002 to October 31, 2003, and that applicant sustained permanent disability of 51%, without apportionment. In addition, the WCJ found that the medical opinion of Dr. Woods is substantial evidence and that the medical opinion of Dr. Feiwell is not substantial evidence.            Defendant contends, in substance, that the evidence does not justify the finding of industrial injury to the left hip, and that the WCJ erred in relying on the medical opinion of Dr. Woods.            Applicant filed an answer.            With regard to the finding of industrial injury to the left hip on a cumulative trauma basis, we have consideration the allegations of defendant’s Petition for Reconsideration and the Repon and Recommendation of the WCJ with respect thereto. Based on our review of the record, and for the reasons stated in said Repon, which we adopt and incorporate only on the issue of industrial injury as set forth below, we will affirm the WCJ’s finding. In his Report, the WCJ explains that “after hearing the credible testimony of the applicant, and in agreement with the opinions of Dr. , Woods and Dr. Foreman…lhe applicant did indeed suffer an industrial injury to his left hip as a result of cumulative trauma.” The WCJ further justified his finding as follows:  “The applicant testified f

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