Kern High School District; Self Insured Schools Bakersfield Sharon Derossett, WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHARON DEROSSETT, Applicant,vs.KERN HIGH SCHOOL DISTRICT; SELF INSURED SCHOOLS BAKERSFIELD, Defendants,Case No. ADJ1568179 (BAK 0150495)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsider al ion oí lhe August 11. 2010 Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found that the applicant, while employed on June 1. 2004 as a school secretary, sustained an industrial injury to her low back that caused 71% permanent disability. Defendant contends that the WCJ cned in finding 71% permanent disability, arguing that the 2005 Schedule for Rating Permanent Disabilities (2005 schedule) should have been used to rate applicant’s disability because none of the exceptions to the application of the 2005 rating schedule set forth in Labor Code section 4660 We have considered the Petition for Reconsideration and we have renewed the record in this matter. We have received an answer from applicant. The WCJ prepared* a Report on Reconsideration (Repon), recommending that we deny reconsideration. For the reasons discussed below-, we will grant reconsideration, rescind the Findings and Award, and return the matter to the trial level for further proceedings and a new decision. , We will briefly review the relevant facts. On June 6. 2004. the applicant sustained an admitted industrial injury to her low back. The applicant was declared permanent and stationary by her treating physician. Dr. Irene Sanchez, on October 27. 2004 with factors of disability of “lack of extension in range of motion” and “minimal occasional pain at all times.” (Exhibit 2. p. 3.) Under the 1997 schedule, these factors of disability rate out to (fk permanent disability. The applicant did not have any temporary disability in 2004. The applicant retur
Sharon Derossett, vs. Kern High School District; Self Insured Schools Bakersfield
(BAK 0150495)This case involves a dispute between Sharon Derossett, an applicant, and Kern High School District; Self Insured Schools Bakersfield, defendants. The defendant sought reconsideration of the August 11, 2010 Findings and Award, wherein the workers’ compensation administrative law judge found that the applicant, while employed on June 1, 2004 as a school secretary, sustained an industrial injury to her low back that caused 71% permanent disability. The defendant argued that the 2005 Schedule for Rating Permanent Disabilities should have been used to rate the applicant's disability. After considering the Petition for Reconsideration and renewing the record, the Workers' Compensation Appeals Board granted reconsideration, rescinded the Findings and Award,
- Filed On:
- Court: Bakersfield, California
- Case No. ADJ1568179
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