Thelma Morales, vs. Cedars Sinai Health System, Permissibly Self-insured,

In this case, Cedars Sinai Health System sought reconsideration of three concurrently filed Findings and Award and Orders issued by a workers' compensation administrative law judge on December 16, 2008, wherein it was found that Thelma Morales, an instrument technician, sustained industrial injury to her bilateral wrists and elbows on February 17, 2004, causing permanent disability. Cedars Sinai argued that the WCJ erred in rating the applicant's permanent disability under the 1997 Schedule rather than under the 2005 Schedule. The WCAB found that the WCJ erred in finding that the 1997 Schedule applied to the applicant's permanent disability in these cases and granted reconsideration, rescinded the three Findings and Award and Orders, and returned these matters to the trial level

CEDARS SINAI HEALTH SYSTEM, Permissibly Self-Insured, THELMA MORALES, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATHELMA MORALES, Applicant,vs.CEDARS SINAI HEALTH SYSTEM, Permissibly Self-Insured, Defendant.Case Nos. ADJ160544 (LBO 0359144)ADJ4209690 (LBO 0372848)ADJ4666278 (LBO 0389220)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of three concurrently filed Findings and Award and Orders issued by a workers; compensation administrative law judge (“WCJ”) on December 16, 2008, wherein it was found that, while employed as an instrument technician, applicant sustained industrial injury: to her bilateral wrists and elbows on February 17, 2004, causing permanent disability of 9% (LBO 0359144); during a cumulative period ending on February 17, 2004, causing permanent disability of 19% (LBO 0372848); and on July 3, 2003, causing permanent disability of 9% (LBO 0389220). In every case, the applicant’s permanent disability was rated under the old 1997 Schedule for Rating Permanent Disabilities (“1997 Schedule”) rather than under the new 2005 Schedule for Rating Permanent Disabilities (“2005 Schedule”).            Defendant contends that the WCJ erred in rating the applicant’s permanent disability under the 1997 Schedule rather than under the 2005 Schedule. We have not received an answer from the applicant, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (“Report”).            As explained below, we find that the WCJ erred in finding that the 1997 Schedule applied to the applicant’s permanent disability in these cases. We will therefore grant reconsideration, rescind the three Findings and Award and Orders, and return these matters to the trial level so that these matters can be re-rated under the 2005 Schedule. ,             In these cases, it was stipulated that defendant paid temporary disability for the period February 21, 2004 through January 8, 2006.

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