PETALUMA CITY SCHOOLS, Permissibly Self-Insured, Adjusted By REDWOODS EMPIRE SCHOOLS INSURANCE GROUP, SUSAN SEGER, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASUSAN SEGER, Applicant,vs.PETALUMA CITY SCHOOLS, Permissibly Self-Insured, Adjusted By REDWOODS EMPIRE SCHOOLS INSURANCE GROUP,, Defendant(s).Case No. SRO 0137457OPINION AND DECISIONAFI’ER RECONSIDERATION On July 10, 2007, the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration to further study the factual and legal issues. This is our decision after reconsideration. In the Findings and Award of April 26, 2007, the workers’ compensation administrative law judge (WCJ) found, in relevant part, that on August 29, 2005, applicant sustained industrial injury to her back, causing permanent disability of 22%, that there is no apportionment of permanent disability, and that defendant did not offer regular work, modified work, or alternative work within 60 days of applicant’s injury becoming permanent and stationary (P&S), entitling applicant to an increase of 15% of all permanent disability benefits paid after June 20, 2006, pursuant to Labor Code section 4658(d). Defendant sought reconsideration the WCJ’s decision, contending that it “substantially complied” with Labor Code section 4658(d) because it returned applicant to her regular work, that the agreement between the parties to go an Agreed Medical Evaluator (AME) deferred or tolled the time period within which to send a Labor Code section 4658(d) notice, and that the medical opinion of Dr. Miles on apportionment is substantial evidence because apportionment to pathology is permissible after SB 899. , Applicant filed an answer.Regarding apportionment, we note that the AME, Dr. Miles, opined as follows in his report of November 29. 2006: “There are degenerative changes in the lumbar spine, and the patient has a history of a prior lower back injury from which she said she recovered. I am inclined
Menu
