Seton Medical Center, Permissibly Self-Insured And Administered By Octagon Risk Services Shirley Shaw WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHIRLEY SHAW, Applicant,vs.SETON MEDICAL CENTER, Permissibly Self-Insured and Administered by OCTAGON RISK SERVICES, Defendants.Case No. SFO 495194OPINION AND ORDER GRANTING RECONSJDERATION AND DECISION AFTER RECONSIDERATION Defendant, Seton Medical Center, permissibly self-insured, seeks reconsideration of theFindings and Award, issued May 11, 2007, in which a workers* compensation administrative lawjudge (WCJ) found applicant, Shirley Shaw, sustained 34% permanent disability as a result of herAugust 17, 2005 admitted injury to her left shoulder and neck. Defendant contends the WCJ erred in failing to apportion applicant’s permanent disability in accordance with the opinion of the Agreed Medical Examiner, who concluded that 30% of applicant’s disability was caused by a pre-existing degenerative condition. Applicant has filed an answer to defendant’s petition. Following our review of the record, and for the reasons set forth below, we shall grant reconsideration, rescind the Findings and Award and return this matter to the trial level for further proceedings.Background Applicant sustained an admitted injury to her left shoulder and neck on August 17, 2005, while employed as a medical social worker. The parties selected Dr. Leslie Schofferman to evaluate applicant as an Agreed Medical Examiner (AME). His report of June 29, 2006 was admitted as Joint Exhibit X, at a hearing on January 23. 2007. The issues indicate that the parties , disputed the extent of applicant’s permanent disability. At page 7 of his repon. Dr. Schoffcrman set forth his views on the extent of applicant’s permanent disability and apportionment, stating:“However, the patient’s cervical and left shoulder conditions do have findings consistent with underlying degenerative processes.“The disc osteophyt
Shirley Shaw vs. Seton Medical Center, Permissibly Self-insured And Administered By Octagon Risk Services
.docIn this case, Shirley Shaw was injured while employed as a medical social worker and sought workers' compensation. The parties selected an Agreed Medical Examiner (AME) to evaluate her, and the AME concluded that 70% of her residual impairment was caused by the injury and 30% was caused by antecedent factors. The WCJ issued rating instructions based upon the AME's report, which resulted in a recommendation for 38% permanent disability. The defendant then sought reconsideration, arguing that the WCJ should have apportioned 30% of applicant's permanent disability under Labor Code section 4663, based upon the opinion of the AME. The WCJ granted reconsideration and rescinded the Findings and Award, returning the matter to
- Filed On:
- Court: California, San Francisco
- Case No. SFO495194
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