BAY VIEW PUMBING AND HEATING; ENDURANCE INSURANCE COMPANY; STATE COMPENSATION INSURANCE FUND STEPHEN KEMBLE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASTEPHEN KEMBLE, Applicant,vs.BAY VIEW PUMBING AND HEATING; ENDURANCE INSURANCE COMPANY;STATE COMPENSATION INSURANCE FUND, Defendants.Case Nos. ADJ3449073 (LBO 0392250)ADJ3573639 (LBO 0393361)OPINION AND ORDER GRANTING RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of two separate Findings and Awards issued on June 25, 2012 in Case No. ADJ3573639 and in Case No. ADJ3449073. Therein, the WCJ found, based on the parties’ prior stipulations, that applicant sustained industrial injury to his right knee, low back, both feet, and psyche while employed as a plumber on October 16, 2003 (Case No. ADJ3449073) and from October 17, 2003 through March 13, 2007 (Case No. ADJ3573639). The WCJ further found that applicant became permanent and stationary on December 7, 2009, that applicant is 100% permanently disabled due to the combined effect of both industrial injuries, that 37% of the overall permanent disability is apportioned to the specific injury on October 16, 2003 (Case No. ADJ3449073), and that 52% of the overall permanent disability is apportioned to the cumulative injury from October 17, 2003 through March 13, 2007 (Case No. ADJ3573639). In his Opinion on Decision, the WCJ stated that “clearly, apportionment between injuries and to non-industrial causes is merited. In order to arrive at a fair determination regarding apportionment of the permanent disability between the two injuries, the range of available evidence has been considered. The average apportionment to non- industrial factors, based on both Dr. Bassett and Dr. Angerman’s findings is approximately 11%. The average percentage of disability apportioned to the [cumulative trauma] claim is 52%. The average amount apportioned to the specific injury is 37%.” (Opinion on Decision, at p. 4.) , Appli
Menu
