County of San Diego, Permissibly Self-Insured Thomas A. Smith WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATHOMAS A. SMITH, Applicant,vs.COUNTY OF SAN DIEGO, Permissibly Self-Insured, Defendant(s).Case No. ADJ326796 (SDO 0356156),ADJ6986002OPINION AND DECISION AFTER RECONSIDERATION On January 19, 2010, we granted reconsideration of defendant’s Petition for Reconsideration of the October 29, 2009 Findings and Award issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found, based on the parties’ prior stipulations, that applicant while employed as a deputy sheriff during the period from November 9, 1984 through July 11, 2007 (Case No. ADJ326796) sustained industrial injury in the form of hypertension, gastroesophageal reflux disease, and hiatal hernia and injury to his back. The WCJ further found that applicant, while employed as a deputy sheriff, during the period from November 9, 1984 through November 3, 2008 (Case No. ADJ6986002), sustained industrial injury to his skin; that the injury in Case No. ADJ326796 caused 40% permanent disability; and that the injury in Case No. ADJ6986002 caused 4% permanent disability. We granted reconsideration in order to allow us time to further study the factual and legal issues in this case. We now issue our Opinion and Decision After Reconsideration. In its Petition for Reconsideration, defendant contended that the issuance of the Appeals Board’s en banc decisions in Almaraz v. Environmental Recovery Services (2009) 74 Cal.Comp.Cases 1084 (Almaraz II) and Ogilvie v. City and County of San Francisco (2009) 74 Cal.Comp.Cases 1127 (Ogilvie I1) constitutes a change in the law justifying a remand of these , cases for further development of the record. Defendant further contended that the WCJ erred in finding one cumulative trauma for the various body parts claimed arguing that applicant’s concurrence of knowledge of the injuries and disability was different for the diff
