International Capital Group; State Compensation Insurance Fund Sharon Walter WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA SHARON WALTER, Applicant, vs. INTERNATIONAL CAPITAL GROUP; STATE COMPENSATION INSURANCE FUND, Defendants. Case No. ADJ6875600 OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant, Sharon Walter, seeks reconsideration of the Findings, Award and Order, issued October 27, 2014, in which a workers’ compensationadministrative law judge (WCJ) found applicant sustained 57% permanent disability as a result of an April 25, 2007 industrial injury to her neck, right shoulder, psyche, headaches and lower back, while employed as a bookkeeper by International Capital Group. The WCJ did not find applicant to be totally permanently disabled, finding applicant failed to rebut the future earning capacity factor. Applicant contends the WCJ erred by failing to find that she is totally permanently disabled as a compensable consequence of her injury underLabor Code section 4662, that her vocational expert opinion rebutted the FEC factor, and that she should have been awarded a 15% increase in permanent disability under Labor Code section 4658( d)(2). Defendant has filed an Answer to applicant’s Petition, and the WCJ has prepared a Report and Recommendation on Petition forReconsideration. As we find the record with regard to whether applicant’s future earning capacity has been diminished beyond the earning capacity used to arrive at the standard rating in the 2005 rating schedule has not been adequately developed, we will grant reconsideration, rescind the WCJ’s determination and return this matter to the trial level to provide the parties with the opportunity to select an agreed vocational expert, or failing that, for the WCJ to appoint an independent vocational expert, to provide an , analysis pursuant to Ogilvie v. Workers’ Co
Sharon Walter vs. International Capital Group; State Compensation Insurance Fund
This case involves Sharon Walter, an applicant, who is seeking reconsideration of a Findings, Award and Order issued October 27, 2014. The order found that Walter sustained 57% permanent disability as a result of an April 25, 2007 industrial injury to her neck, right shoulder, psyche, headaches and lower back while employed as a bookkeeper by International Capital Group. The WCJ did not find Walter to be totally permanently disabled, finding she failed to rebut the future earning capacity factor. The case was returned to the trial level to provide the parties with the opportunity to select an agreed vocational expert, or failing that, for the WCJ to appoint an independent vocational expert, to provide an analysis pursuant to Ogilvie v. Workers' Comp
- Filed On:
- Court: California, Santa Rosa
- Case No. ADJ6875600
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