Vilma Tentnowski vs. Perotti & Carrade, And State Compensation Insurance Fund

, Vilma Tentnowski sought reconsideration of a workers' compensation judge's decision that she had sustained industrial injury to her back, psyche, and bilateral knees on November 24, 2003, cumulative trauma through April 14, 2004, and specific injury on April 14, 15, or 16, 2004, with the 2004 injuries being compensable consequences of the November 24, 2003 injury, and that she had sustained permanent disability of 95%, after apportionment of the psychiatric disability. The Appeals Board granted reconsideration and rescinded the decision, returning the matter to the trial level for further proceedings and a new decision by the WCJ.

Perotti & Carrade, and State Compensation Insurance Fund Vilma Tentnowski WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAVILMA TENTNOWSKI, Applicant,vs.PEROTTI & CARRADE, and STATE COMPENSATION INSURANCE FUND, Defendants.Case Nos. ADJ2663736 (SFO 0480309)ADJ2844751 (SFO 0480630)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of the Findings, Award and Order of July 15, 2011, in which the workers’ compensation judge (WCJ) found, in relevant part, that applicant sustained industrial injury to her back, psyche, and bilateral knees on November 24, 2003 (ADJ2663736), cumulative trauma through April 14, 2004 (ADJ2844751), and specific injury on April 14, 15, or 16, 2004, with the 2004 injuries being compensable consequences of the November 24, 2003 injury, and that applicant sustained permanent disability of 95%, after apportionment of the psychiatric disability. In addition, the WCJ found that pursuant to the medical opinion of Dr. Shelub, the Agreed Medical Evaluator (AME) in orthopedics, applicant became permanent and stationary (P&S) on October 29, 2008, that pursuant to the medical opinion of the psychiatric AME, Dr. Schneider, applicant became P&S on a psychiatric basis on January 4, 2010, that applicant is not entitled to additional temporary total disability benefits, and that applicant’s attorney earned a fee of 15% of the permanent disability and life pension benefits, “to be commuted from the far end of the Award.”            Applicant contends that she is not employable in the open labor market based on the opinion of her vocational expert, Mr. Jeff Malmuth, and that due to her failed back syndrome, psychiatric disability, and the need for substantial amounts of medication, she is permanently totally disabled. Applicant further contends that the stipulation contained in the Minutes of Hearing (MOH) of December 20, 2010, p. 2, should be corrected to reflect a temporary total disabil

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