Concord Disposal; And State Compensation Insurance Fund Ronald Pini WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARONALD PINI, Applicant,vs.CONCORD DISPOSAL; and STATE COMPENSATION INSURANCE FUND, Defendant.Case No. OAK 297888OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award of April 30, 2007, wherein the workers’ compensation administrative law judge (WCJ) found, in essence, that applicant sustained an admitted industrial injury to his back and spine on September 17, 2003, while employed as a box truck driver by Concord Disposal, State Compensation Insurance Fund’s insured on the date of injury, and that the injury caused, inter alia, need for further medical treatment and 46% permanent disability without a basis for apportionment, entitling applicant to further medical treatment and permanent disability indemnity totaling $44,030. Defendant contends that the injury caused less than 46% permanent disability, arguing that the WCJ erred in failing to apportion 40% of applicant’s overall low back disability to causes other than the industrial injury, pursuant to Labor Code section 46631 and the opinion of Charles Xeller, M.D., an orthopedic surgeon and defendant’s qualified medical evaluator (QME).Applicant filed an answer to defendant’s petition for reconsideration.I. We have considered the contentions raised in the petition for reconsideration and answer thereto, as well as the content of the WCJ’s Report and Recommendation (Report). Based on our review of the record and for the reasons stated below, we will grant reconsideration, rescind the Findings and Award of April 30, 2007, and return this matter to the 1 All further statutory references are to the Labor Code. , trial level WCJ for the parties to further develop the medical record. Thereafter, the WCJ shall conduct further proceedings, as necessary, and issue a new decision.
Menu
