Shanhui Chen vs. KLD Internatlonal, Inc.; Acca/Everest Insurance Company

: In this case, the parties agreed to an AME with Alan Sanders, M.D. The WCJ requested a rating of Dr. Sander's AME from the DEU, which issued a rating of 2% whole person impairment. The WCJ issued his decision relying on the DEU rating. The Appeals Board granted reconsideration, amended the WCJ's decision to defer permanent disability and attorney fees, and returned the matter to the trial level for further proceedings and decision by the WCJ.

KLD Internatlonal, Inc.; Acca/Everest Insurance Company Shanhui Chen WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHANHUI CHEN, Applicant,vs.    KLD INTERNATlONAL, INC.; ACCA/EVEREST INSURANCE COMPANY, Defendant(s).Case No. LAO 0853969OPINION AND ORDER GRANTINGRECONSIDERATIONAND DECISION AFTERRECONSIDERATION            Applicant seeks reconsideration of the October 22, 2007 Amended Findings and Award issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ found, .based on the parties’ prior stipulations, that applicant, while employed as warehouse worker on January 7, 2005, sustained industrial injury to his left minor hand, left shoulder, and low back. The WCJ further found that the injuries herein caused 40% permanent disability and need for further medical treatment.            Applicant contends that the WCJ erred in finding 40% permanent disability where said finding is based on a Disability Evaluation Unit (DEU) recommended rating for the left wrist partially based on range of motion (2%) rather than on the grip loss (18%) as found by the agreed medical examiner.            Defendant did not file an Answer. However, the WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration.            Based on our review of the record and for the reasons discussed below, we will grant reconsideration, amend the WCJ’s decision to defer permanent disability and attorney fees. We will otherwise affirm the October 22, 2007 Amended Findings and Award and return this matter to the trial level for further proceedings and decision by the WCJ ,             In this case, the parties agreed to an AME with Alan Sanders, M.D. In his October 19, 2005 report, Dr. Sanders found that applicant had a 74% grip strength loss corresponding to an 18% whole person impairment. He believed applicant’s range of motion loss was minimal and not ratable.            On July 9, 2007, the WCJ requested

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