State Of California, Dept. Of Corrections & Rehabilitation, legally uninsured, administered by State Compensation Insurance Fund, Roger Jay Bass, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROGER JAY BASS,Applicant,vs.STATE OF CALIFORNIA, DEPT. OF CORRECTIONS & REHABILITATION, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND,Defendants.Case No. ADJ9682925(Salinas District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration from the Findings and Award (F&A) issued on February 16, 2017 by the workers’ compensation administrative law judge (WCJ), which found, in pertinent part, that applicant sustained a single cumulative injury arising out of and in the course of employment (AOE/COE) to his heart, neck, low back, right knee and left foot, which caused permanent disability of 66% after adding the disability caused by applicant’s heart injury with applicant’s orthopedic injuries and not combining said disability using the Combined Values Chart (CVC). Defendant contends that applicant sustained two separate cumulative injuries, one to the heart, and a second injury to the orthopedic body parts (the neck, low back, right knee, and left foot). Defendant further contends that if applicant sustained a single cumulative injury to all body parts, that applicant’s permanent disability should be combined using the CVC and not added together. We have received an answer from applicant. We received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ recommending that we deny reconsideration. We have considered the allegations of the Petition for Reconsideration, the answer, and the WCJ’s Report. Based on our review of the record and for the reasons discussed below, we will grant defendant’s Petition for Reconsideration and as our Decision After Reconsideration we will affirm the , February 16, 2017
