Timothy Revious, vs. Kings County, Permissibly Self-insured,

KINGS COUNTY, permissibly self-insured, TIMOTHY REVIOUS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATIMOTHY REVIOUS, Applicant,vs.KINGS COUNTY, Defendant.Case No. ADJ3857650 (FRE 0236521)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Findings and Award of July 23, 2009, wherein the workers’ compensation judge (WCJ) found that applicant sustained an admitted industrial injury to his hips during a period through February 1, 2006, while employed by defendant as a deputy sheriff, that the injury also extended to applicant’s right knee, and that it caused temporary disability from June 25, 2007, through January 22, 2008, a need for further medical treatment, and 15% permanent disability, after apportionment, entitling applicant to temporary disability indemnity (TDI) for the above-described period, further medical treatment, and permanent disability indemnity, payable at the weekly rate of $270, totaling $13,061.54.            Defendant contends that compensability of applicant’s right knee condition is barred, arguing that applicant did not file an Application for Adjudication of Claim (Application) or claim form listing his right knee as an injured body part and, accordingly, that applicant’s right knee claim is barred by the statute of limitations. Defendant also contends that applicant is not entitled to the awarded TDI, arguing that applicant’s voluntary retirement from defendant’s employment, for which he receives a Public Employees Retirement System (PERS) retirement benefit, precludes his entitlement to TDI because he did not intend to return to defendant’s employment until p February 2008. Defendant further contends that the injury caused less than 15% permanent i, disability, arguing that applicant received a prior award of 35% permanent disability, that the prior permanent disability overlaps with the permanent disability caused by the instant injury, and, , therefor

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