“Britt Lumber Company; Old Republic Insurance Company, Administered By Gallagher Bassett,” Robert Zimmerman WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT ZIMMERMAN, Applicant,vs.BRITT LUMBER COMPANY; OLD REPUBLIC INSURANCE COMPANY, Administered by GALLAGHER BASSETT, Defendant,Case Nos. ADJ3218180 (EUR 0040749); ADJ4708435 (EUR 0040750)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant Old Republic Insurance Company, on behalf of ils insured. Brill Lumber Company, seeks reconsideration ion of ihe Joint Findings and Award, issued September 3, 2010. in which a workers’ compensation administrative law judge (WCJ) found applicant. Robert Zimmerman, sustained 31% permanent disability, after apportionment, as a result of his admitted 2006 cumulative trauma injury to his left upper extremity in ADJ3218180. The WCJ also found applicant sustained 27% permanent disability as a result of his admitted November 17. 2004 injury to his right knee in ADJ4708435. Applicant was awarded S31,740.00 for his upper extremity injury and S29,325.00 for his right knee injury. Both injuries occurred while applicant was employed as a millwright by Brill Lumber. For both injuries, the WCJ relied upon the opinion df the Agreed Medical Examiner (AME). Dr. Pang, who utilized the AMA guides to rate permanent disability beyond a strict application, as permitted in Alnuiraz/Guzman. (Ahnaraz v. Environmental Recovery Sendees & Guzman v. Milpitas Unified School Dist. (2009) 74 Cal.Comp.Cases 1084 (Appeals Board en banc).) Defendant contests the permanent disability ratings for applicant’s upper extremity and right knee injuries. Defendant contends, with regard to the 31% rating for applicant’s left upper , extremity that the WCJ improperly relied upon the AME’s opinion to rate applicant’s decreased range of motion and grip loss, in the absence of medical justification to override the prohibition against rating decreased strength
