County Of Kern, permissibly self-insured Ted Parker WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATED PARKER, Applicant,vsCOUNTY OF KERN, permissibly self-insured, Defendant.Case No. ADJ6796881OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant, County of Kern, permissibly self-insured, seeks reconsideration of the Findings of Fact and Award, issued June 21, 2011, in which a workers’ compensation administrative law judge (WCJ) found applicant Ted Parker sustained 50% permanent disability, after apportionment, as a result of a May 6, 2008 industrial injury to his lumbar spine while employed as a Deputy Sheriff by the Kern County Sheriff’s Department. Defendant contests the WCJ’s determination that applicant is entitled to an award of 50% permanent disability, arguing that the WCJ failed to apportion to applicant’s prior award of 20% permanent disability for a 2006 industrial injury to his lumbar spine. Defendant argues that applicant is only entitled to an award of 30% permanent disability. Applicant has filed an answer to defendant’s petition.1 We have considered the allegations and arguments of the Petition for Reconsideration, as well as the answer thereto, and have reviewed the record in this matter and the WCJ’s Report and Recommendation on Petition for Reconsideration of July 27, 2011, which considers, and responds to, defendant’s contention. For the reasons set forth in the WCJ’s Report, we will grant reconsideration and 1 We note that in his answer to defendant’s petition, applicant asserts the WCJ’s permanent disability rating failed to incorporate the Agreed Medical Examiner’s 20% whole person impairment for his periodic use of a cane, which would increase his permanent disability rating to 69%. To the extent applicant raises potential grounds for reconsideration of the WCJ’s award, his answer cannot be treated as a petition for reconsideration, as it was not filed with
