BOEING AIRCRAFT; INSURANCE COMPANY OF PENNSYLVANIA, Administered by AIG, ROBIN KLEIN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBIN KLEIN, Applicant,vs.BOEING AIRCRAFT; INSURANCE COMPANY OF PENNSYLVANIA,Administered by AIG, Defendants.Case Nos. ADJ1321659 (RIV 0027849)ADJ3991283 (RIV 0027850)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATIONDefendant, Insurance Company of Pennsylvania, on behalf of its insured, The Boeing Company, seeks reconsideration of the Amended Joint Findings and Award, issued November 5, 2008, in which a workers’ compensation administrative law judge (WCJ) found applicant sustained injury to his heart and psyche, in addition to the admitted injury to his neck, back and left shoulder, on September 30, 1996 in RIV 0027849, and to his heart, in addition to the admitted injury to his left shoulder, low back and neck, on August 23, 1999, in RIV 0027850, while employed as an interior installer. The WCJ found that as a result of his injury in RIV 0027849, applicant sustained 79.75% permanent disability, after apportionment to the subsequent industrial injury and to non- industrial causes. The WCJ found that as a result of his injury in RIV 0027850, applicant sustained 36% permanent disability, after apportionment to the previous industrial injury and to non- industrial causes. The WCJ deferred a determination on temporary disability for further clarification, in view of the fact that both injuries became permanent and stationary on April 2, 2001. Defendant contests the finding of injury to the heart in both cases, and to the psyche in the 1996 injury. Defendant asserts first that the WCJ, in setting forth the basis for his determination in , the Opinion on Decision, failed to comply with the requirements of Labor Code section 5313 to provide the reasons or grounds upon which the determination was made. Second, defendant contends there is no substantial medical evidence to justify the finding of industrial injury to th
Menu
