National Messenger; State Compensation Insurance Fund Robert Beck WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT BECK, Applicant,vs.NATIONAL MESSENGER; STATE COMPENSATION INSURANCE FUND, Defendant.Case No. ADJ467336 (AHM 0135596)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendam seeks reconsideration of the September 2. 2010 Findings, Award and Older of ihc workers’ compensation administrative law judge (WCJ) who found that applicant incurred industrial injurs- to his right knee and left foot while employed by defendant as a couricr/drivcr on September 6,2005, causing 46% permanent disability without apportionment and a need for future medical treatment. Defendant contends that the finding of 46% permanent disability is not supported by substantial evidence because the panics’ Agreed Medical Examiner (AME), Lam- Dan/ig. M.D., misapplied the AMA Guides to the Evaluation of Permanent Impairment. Fifth Edition (AMA Guides) in evaluating applicant’s condition, and failed to properly consider the issue of apportionment. , An answer was received along with the WCJ’s Repon and Recommendation on Petition for Reconsideration (Report). We grant reconsideration and as our decision after reconsideration rescind the WCJ’s September 2, 2010 decision. As discussed herein. Dr. Danzig did not fully explain the reasons he applied the AMA Guides the way he did to conclude that applicant’s injury to the right knee , caused 10% whole person impairment (WPI) and the injury to the left foot caused 20% WPI. and for that reason his current reporting is nor substantial evidence in support of the WCJ’s decision. The ease is returned for development of the medical record by obtaining supplemental reporting from Dr. Danzig concerning his evaluation of applicant’s permanent disability under the AME Guides or otlierwise. and for a new decision by the WCJ in accordance w ith this decision.
