STONEY’S SAND AND GRAVEL LLC STATE COMPENSATION INSURANCE FUND ROGER GREGORY WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROGER GREGORY, Applicant,vs.STONEY’S SAND AND GRAVEL, LLC;STATE COMPENSATION INSURANCEFUND, Defendants.Case No. ADJ3797840 (FRE 0248565)(San Luis Obispo District Office)ORDER DENYING PETITION FOR RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration. In denying, reconsideration based on the WCJ’s Report, we do not adopt or incorporate the brief mention of Ogilvie v. Workers’ Comp. Appeals Bd. (2011) 197 Cal.App.4th 1262 [76 Cal.Comp.Cases 624] on page three of the WCJ’s Report. We exclude that mention because the medical evidence standing alone justifies the WCJ’s finding of permanent total disability, in that Dr. Gjerdrum based his opinion on medical factors of disability, regardless of any vocational issue. Thus the WCJ’s award of 100% permanent disability is proper under Labor Code section 4662./ / // / // / // / // / // / / , For the foregoing reasons, IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD _____________________________________________MARGUERITE SWEENEY I CONCUR, _____________________________________________KATHERINE ZALEWSKI CONCURRING, BUT NOT SIGNING FRANK M. BRASS _____________________________________________ DATED AND FILED AT SAN FRANCISCO, CALIFORNIA JUN 26 2014 SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.ROGER GREGORYSTATE COMPENSATION INSURANCE FUNDWILLIAM HERRERASebc ADJ3797840
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