FRESNO UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured ROBERTO BARAJAS WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERTO BARAJAS, Applicant,vs.FRESNO UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Defendant.Case No. ADJ6957361OPINION AND ORDERDENYING PETITION FOR RECONSIDERATION Defendant, Fresno Unified School District, permissibly self-insured, seeks reconsideration of the Findings of Fact and Award, issued October 25, 2011, in which a workers’ compensation administrative law judge (WCJ) found applicant, Roberto Barajas, sustained 27% permanent disability as a result of his July 10, 2009 industrial injury to his right wrist, right hand and right fingers, while employed as a grounds keeper/gardener. The WCJ found defendant unreasonably delayed making permanent disability advances required by Labor Code section 4650, and imposed a 10% penalty on the delayed portions of permanent disability indemnity from December 14, 2009 through April 7, 2010. The WCJ also held that due to defendant’s June 23, 2010 notice of offer of regular work, it could reduce its payments of permanent disability made after the date of the notice by 15% under Labor Code section 4658(d)(3)(A). Defendant first contests the WCJ’s finding on permanent disability, arguing that the WCJ should have rated applicant’s upper extremity impairment solely on the basis of his loss of range of motion, arguing that the Agreed Medical Examiner, Dr. Murphy, did not adequately justify his use of loss of grip strength under the AMA Guides, pursuant to Almaraz/Guzman II (Almaraz v. Environmental Recovery Services and Guzman v. Milpitas Unified School District (2009) 74 Cal.Comp.Cases 1084. [En Banc]). Defendant asserts that the AMA Guides do not permit a rating of grip loss where there is loss of range of motion. Defendant further argues that applicant failed to meet his burden of proof to rebut the proper use of the AMA Guides. Next, defendant contests the WCJ’s award of a 10
