Willard Gray, vs. Lee’s Imperial Welding; Virginia surety Corporation,

This case involves an applicant, Willard Gray, who is seeking reconsideration of a workers' compensation administrative law judge's (WCJ) October 21, 2009 Corrected Findings and Award. The WCJ found that the applicant sustained an industrial cumulative trauma through August 20, 2004 to his neck, spine, bilateral upper extremities and bilateral lower extremities that caused 80% permanent disability after apportionment. The WCJ indicated that, pursuant to Labor Code section 4659(c), applicant's life pension would increase annually commencing on the January 1 following the receipt of the life pension weekly benefit. The applicant argued that the adjustments described in Labor Code section 4659(c) should commence on the January 1 following applicant's injury. The Workers

LEE’S IMPERIAL WELDING; VIRGINIA SURETY CORPORATION, WILLARD GRAY, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWILLARD GRAY, Applicant,vs.LEE’S IMPERIAL WELDING; VIRGINIA SURETY CORPORATION, Defendants.Case No. ADJ801311 (SFO 0482182)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSDIERATION            Applicant seeks reconsideration of the October 21, 2009 Corrected Findings and Award wherein the workers’ compensation administrative law judge (WCJ) found that the applicant sustained an industrial cumulative trauma through August 20, 2004 to his neck, spine, bilateral upper extremities and bilateral lower extremities that caused 80% permanent disability after apportionment. In his opinion on decision, the WCJ indicated that, pursuant to Labor Code section 4659(c) applicant’s life pension would increase annually commencing on the January 1 following the receipt of the life pension weekly benefit.1            Applicant contends that the WCJ erred in finding that applicant’s life pension would increase annually commencing on the January I following the receipt of the life pension weekly benefit, arguing that the adjustments described in Labor Code section 4659(c) should commence on the January 1 following applicant’s injury.            We have considered the petition for reconsideration, and we have reviewed the record in this matter. We have received an answer from defendant. 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 grant reconsideration, rescind the October 21, 1The WCJ apparently made a clerical error and did not issue a finding that applicant is entitled to a life pension or award a life pension. , 2009 Corrected Findings and Award and return this matter to the WCJ for further proceedings and a new decision.            Pursuant to Labor Code section 4659, an injured worker whose perman

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