COUNTY OF KERN, Permissibly Self-Insured TODD DEARMORE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATODD DEARMORE, Applicant,vs.COUNTY OF KERN, Permissibly Self-Insured, Defendant.Case No. ADJ6918172(Bakersfield District Office)OPINION AND ORDER GRANTING RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the June 26, 2012 Findings, Orders and Award wherein the workers’ compensation administrative law judge (WCJ) found that applicant sustained an industrial injury while employed during the period June 25, 2008 through June 25, 2009 to body systems including his heart causing 47% permanent disability. The WCJ also found that applicant was permanent and stationary on December 15, 2010, and that defendant’s offer of regular work was not timely pursuant to Labor Code section 4658(d)(3). Accordingly, the WCJ found that applicant was entitled to a 15% increase in permanent disability payments commencing May 18, 2011. Defendant contends that the WCJ erred in finding that applicant sustained 47% permanent disability, arguing that applicant’s condition has probably improved with treatment and a recent echocardiogram showed no evidence of left ventricular hypertrophy. Defendant also contends that the WCJ erred in finding that applicant was permanent and stationary on December 15, 2010, arguing that applicant continued to receive treatment aimed at improving his condition after December 15, 2010. Finally, defendant contends that, because applicant has lost no time from work, pursuant to Labor Code section 4658(d), applicant’s permanent disability payments should be reduced by 15%. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have received an Answer from applicant. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. For the reasons discussed below, we will gr
Menu
