State of California, Department of Parks And Recreation, legally uninsured and adjusted by State Compensation Insurance Fund Ronald Wechsler WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARONALD WECHSLER, Applicant,vs.STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION, legally uninsured and adjusted by STATE COMPENSATION INSURANCE FUND, Defendant.Case No. ADJ388201 (VNO 0426277) OPINION AND ORDER DENYING RECONSIDERATION Defendant, State of California, Department of Parks and Recreation. legally uninsured, seeks reconsideration of the Opinion and Order Granting Reconsideration and Decision After Reconsideration, issued October 25, 2010, in which this panel of the Workers’ Compensation Appeals Board granted applicant, Ronald Wechsler’s petition for reconsideration from the Findings and Award, issued August 5, 2010. in our decision we reversed the WCJ’s determination, and returned this matter for a new determination on applicant’s petition to reopen his prior stipulated award of 88% permanent disability, to include a rating of the increased disability arising from his industrial hypertensive disease. Defendant contests the determination that applicant’s petition to reopen his award for new and further disability may include his claim for additional disability arising from his stipulated cardiovascular disease. Defendant argues that only disability arising within five years of the date of injury may be compensated on applicant’s petition to reopen. Defendant argues that since the end organ damage resulting from applicant’s industrial hypertensive disease did not occur within five years of the date of injury, applicant is not entitled to an award of increased permanent disability , resulting therefrom. In our prior Decision After Reconsideration, we held applicant’s cardiac disability should be considered in a determination of his increased permanent disability with regard to applicant’s petition to reopen. This was based i
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