State Of California, Department Of Corrections; State Compensation Insurance Fund Wanda Boult WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWANDA BOULT, Applicant,vs.STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ1481761 (SAC 0364589) ORDER DENYING RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration. To the extent that defendant is raising Labor Code section 4658(d)(3)(A), we note that applicant’s permanent disability award is not based on the formula set forth in the chart provided in section 4658(d)(1). Rather, it is based on the requirement of section 4659(b) which mandates that defendant pay applicant her temporary disability indemnity rate for life. Therefore, the decrease provided in section 4658(d)(3)(A) is not applicable, as it only applies to awards paid in accordance with the formula/chart set forth in section 4658(d)(1). , For the foregoing reasons, IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD_______________________________________DEIDRA E. LOWEI CONCUR,_______________________________________RICK DIETRICH_______________________________________ALFONSO J. MORESIDATED AND FILED AT SAN FRANCISCO, CALIFORNIA OCT 31 2011SERVICE MADE ON THE AB()VE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.WANDA BOULTSTATE COMPENSATION INSURANCE FUNDLENAHAN, LEE, SLATER & PEARSEcsl , WORKERS’ COMPENSATION APPEALS BOARDOF THESTATE OF CALIFORNIACase No. ADJ1481761 (SAC0364589)Applicant: WANDA BOULTDefendant:STATE OF CALIFORNIA, DEPARTMENT OF CORRECT
