Sharon Levitt, vs. County Of Alameda; Sedgwick 2065 Oakland,

In this case, the County of Alameda sought reconsideration of a workers' compensation administrative law judge's (WCJ) decision to rate the applicant's permanent disability using the 1997 Permanent Disability Rating Schedule. The WCJ determined that the December 8, 2004 report by the applicant's treating physician, Dr. Warbritton, satisfied the requirement that there be a report indicating the existence of permanent disability prior to January 1, 2005. The County of Alameda argued that the WCJ erred in rating the applicant's permanent disability using the 1997 rating schedule, as the form letter sent by Dr. Warbritton did not constitute substantial medical evidence indicating the existence of permanent disability. The Workers' Compensation Appeals Board granted the County of Alameda's petition for

COUNTY OF ALAMEDA; SEDGWICK 2065 OAKLAND, SHARON LEVITT, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHARON LEVITT, Applicant,vs.COUNTY OF ALAMEDA; SEDGWICK 2065 OAKLAND, Defendants.Case No. ADJ510402 (OAK 0303526)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant, County of Alameda, permissibly self-insured, seeks reconsideration of the Findings and Award, issued March 2, 2009, in which a workers’ compensation administrative law judge (WCJ) found applicant, Sharon Levitt, sustained 67% permanent disability, afterapportionment, as a result of her admitted January 30, 2004 industrial injury to her left ankle and left arm, while employed as a child welfare worker, occupational group 490. The WCJ determined that applicant’s permanent disability should be rated using the 1997 Permanent Disability Rating Schedule, concluding that the December 8, 2004 report by Dr. Warbritton satisfied the requirement that there be a report indicating the existence of permanent disability prior to January 1, 2005.            Defendant contends, first, that the WCJ erred in rating applicant’s permanent disability using the 1997 rating schedule, arguing that Dr. Warbritton’s “check the box” report is not substantial medical evidence indicating the existence of permanent disability prior to January 1, 2005. Second, defendant contends the WCJ erred in categorizing applicant’s occupational group as 490, asserting that as a child welfare worker, the proper occupational group is that of a social worker, 111. Third, defendant contends the WCJ erred in rating the disability of the injured body parts separately, rather than applying the Agreed Medical Examiner’s opinion that applicant was , restricted to light duty work as a result of her industrial injury.            As we are persuaded that the WCJ erred in concluding that the 1997 rating schedule is applicable in this case, we shall grant reconsideration, rescind the Findings and Award

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