CONTINENTAL FEDERAL CREDIT UNION; STATE COMPENSATION INSURANCE FUND, SAUNDRA BROWN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASAUNDRA BROWN, Applicant,vs.CONTINENTAL FEDERAL CREDIT UNION; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case Nos. ADJ2415039 (MON 0308305)ADJ3153811 (MON 0327695)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award of March 25, 2009, in which the workers’ compensation judge (WCJ) found that applicant has sustained new and further disability, that applicant is entitled to an overall award of 63% permanent disability, and that applicant is entitled to a net monetary award of $60,950.00. Defendant contends, in substance, that the WCJ erred in not finding apportionment based on the medical opinion of Dr. Greenfield, the Agreed Medical Evaluator (AME), who found 50% non-industrial apportionment for the cervical spine and one-third non-industrial apportionment for the lumbar spine. Defendant further contends that the overall permanent disability rating should be 35%, and that defendant is entitled to monetary credit for the prior Stipulated Award. Applicant filed an answer. The WCJ describes the relevant facts in his Report and Recommendation as follows: “The parties entered into a Stipulated Award, approved on 10/26/06, for 19% permanent disability ($17,050.00), which was based upon the 3/13/06 Agreed Medical Examination report of Jon Greenfield, M.D., which apportioned 50% of applicant’s cervical spine disability to industrial causation, and 2/3 of her lumbar spine disability to industrial causation. “Applicant filed a Petition to Reopen for New and Further disability and was re-examined by Dr. Greenfield. In his 9/17/07 , report of that examination, which was rated by the DEU rater at 63%, Dr. Greenfield again apportioned 50% of applicant’s
Saundra Brown, vs. Continental Federal Credit Union; State Compensation Insurance Fund,
In this case, Continental Federal Credit Union and the State Compensation Insurance Fund sought reconsideration of a workers' compensation judge's decision that found that applicant Saundra Brown had sustained new and further disability, was entitled to an overall award of 63% permanent disability, and was entitled to a net monetary award of $60,950.00. The Appeals Board granted reconsideration and returned the matter to the WCJ for further proceedings and new decision, finding that the AME's opinion on apportionment should be deemed persuasive and that the permanent disability rating needed further clarification. The Board also agreed that the defendant was entitled to monetary credit for the prior Stipulated Award.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ2415039
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