Timothy Robinson, vs. County Of Sonoma, Permissibly Self-insured,

This case involves a dispute between Timothy Robinson, an applicant, and the County of Sonoma, a permissibly self-insured defendant, regarding the extent of permanent disability caused by an admitted industrial injury to Robinson's neck on or about June 27, 2005. The parties agreed to have William Ramsey, M.D., serve as their agreed medical evaluator (AME). Dr. Ramsey determined that the injury caused, among other things, a need for further medical treatment and 31% permanent disability, after apportionment, pursuant to Labor Code section 46641, to a prior award of 21% permanent disability that Robinson received in 2004 for a November 2001 industrial low back injury and, pursuant to section 4663, to other factors that caused, according

COUNTY OF SONOMA, permissibly self-insured, TIMOTHY ROBINSON, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATIMOTHY ROBINSON, Applicant,vs.COUNTY OF SONOMA,permissibly self- insured, Defendant.Case No. ADJ3416937 (SRO 0141443)ADJ4476347 (SRO 0118020)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of the Findings & Award of October 29, 2008, wherein the workers’ compensation judge (WCJ) found that applicant sustained an admitted industrial injury to his neck on or about June 27, 2005, while employed by defendant as a correctional officer, and that the injury caused, among other things, a need for further medical treatment and 8% permanent disability, after apportionment, pursuant to Labor Code section 46641, to a prior award of 21% permanent disability that applicant received in 2004 for a November 2001 industrial low back injury and, pursuant to section 4663, to other factors that caused, according to the parties’ agreed medical evaluator (AME), William Ramsey, M.D., 20% of applicant’s overall 31% neck permanent disability, entitling applicant to further medical treatment and permanent disability indemnity totaling $5,280.Applicant contends that the injury caused 25% permanent disability and that the WCJ erred in apportioning, pursuant to section 46642, to the prior award of 21% permanent disability, arguing that the Legislature did not intend for sections 4663 and 4664 to both be applied in the same case, that, although section 4664 provides that the “spine” is considered “one region of the body,” the 2005 Schedule for Rating Permanent Disabilities (2005 Schedule) allows for neck (cervical spine) and low back (lumbar spine) impairments to be rated separately and without reduction for overlap, 1All further statutory references are to the Labor Code, unless otherwise noted.2Applicant concedes that the WCJ properly apportioned 20% of the overall 31% permanent disability pursuant to secti

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