Tina Labriel vs. Los Angeles Unified School District; Sedgwick Pasadena

, Los Angeles Unified School District , Sedgwick Pasadena , Tina Labriel , Workers' Compensation Appeals Board , State of California , industrial injury , permanent disability , Labor Code section 4663 , Benson v. The Permanente Medical Group , Benson v. Workers' Comp. Appeals Bd. , Disability Evaluation Unit , McDuffie v. Los Angeles County Metropolitan Transit Authority , Escobedo v. Marshalls , Report and Recommendation on Petition for Reconsideration , Petition for Reconsideration , Findings and Amended Award , Amended Findings and Award and Order , Amended Findings and Award , Amended Order of Commutation , Findings of Fact , Award , Amended Findings of Fact , The case involves

Los Angeles Unified School District; Sedgwick Pasadena Tina Labriel WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATINA LABRIEL, Applicant,vs.LOS ANGELES UNIFIED SCHOOLDISTRICT; SEDGWICK PASADENA, Defendant(s).Case No. ADJ2549459 (LAO 0836064), ADJ3590497 (LAO 0852732)ADJ108951 (LAO 0852733)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION ANDDECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Findings and Amended Award in ADJ3590497, wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a health care assistant on or about November 2001, sustained industrial injury to her low back and to her psyche as a compensable consequence, causing 31% permanent disability; of the Amended Findings and Award and Order in ADJ2549459, wherein the WCJ found that applicant sustained industrial injury to her low back and psyche as a compensable consequence on April 23, 2002, causing 73% permanent disability; and of the Amended Findings and Award in ADJ108951, wherein the WCJ found that applicant sustained industrial injury to her neck and left shoulder, and to her psyche as a compensable consequence, on February 21, 2003, causing 48% permanent disability. All three of these separate decisions were dated February 15, 2010, and filed and served on March 1, 2010.            Defendant contends that the WCJ acted without or in excess of his powers by issuing these decisions without issuing formal rating instructions, depriving defendant of its due process rights to object to the rating and to cross-examine the rater, and that the permanent disability awards in this case, combined, improperly add up to 152%. ,             We have considered-the-Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an Answer from applicant. The WCJ prepared a Report and Recommendation on Petition for Reconsideration, recommending that the petition be denied.            

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