Ruby Allen vs. Uc San Francisco, Permissibly Self-insured

UC San Francisco, Permissibly Self-Insured Ruby Allen WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARUBY ALLEN, Applicant,vs.UC SAN FRANCISCO, Permissibly Self-Insured, Defendants.Case No. ADJ5787878OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Award of July 6, 2011, wherein it was found that, while employed as an administrative assistant on January 31, 2006, applicant sustained stipulated industrial injury to her bilateral knees, causing permanent disability of 45%. The WCJ also found that “applicant’s average weekly earnings were S896.07, sufficient to entitle her to permanent disability indemnity at the maximum rate.” In finding that the applicant sustained permanent disability of 45%, the WCJ found that there was no basis for apportionment of permanent disability to non-industrial factors.            Defendant contends that the decision contains a clerical error, since the parties stipulated that applicant’s average weekly earnings were $866.07 per week, rather than $896.07. The defendant also contends that the WCJ erred in finding permanent disability of 45%, arguing that the WCJ should have applied the apportionment determination of agreed medical evaluator orthopedist Marvin H. Lipton, M.D. We have received an answer, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report). In the Report, the WCJ acknowledges the clerical error and recommends that we grant reconsideration and amend the Findings and Award of July 6, 2011 to reflect that the applicant’s average weekly earnings were $866.07 per week. The WCJ recommends that we otherwise affirm his decision.            As explained below, the WCJ erred in not applying Dr. Lipton’s opinion regarding apportionment of permanent disability. We will therefore grant reconsideration and amend the Findings and Award of , July 6, 2

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