Zoila Ayala vs. L.a. Metropolitan Medical Center; The Travelers Companies, Inc.,

Zoila Ayala, Applicant, vs. L.A. Metropolitan Medical Center; The Travelers Companies, Inc., Defendants.This case involves an applicant, Zoila Ayala, who seeks reconsideration of a Findings and Award issued August 19, 2010, in which a workers' compensation administrative law judge found that she sustained 23% permanent disability, after apportionment, as a result of an admitted February 26, 2006 industrial injury to her neck, back and psyche while employed as a housekeeper by L.A. Metropolitan Medical Center. The applicant contests the apportionment of her permanent disability to her 1991 award of 22% permanent disability from two prior industrial injuries, asserting that apportionment under Labor Code section 4664 cannot

L.A. Metropolitan Medical Center; The Travelers Companies, Inc., Zoila Ayala WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAZOILA AYALA, Applicant,vs.L.A. METROPOLITAN MEDICAL CENTER; THE TRAVELERS COMPANIES, INC., Defendants.Case No. ADJ2350990 (LAO 0869298)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant. Zoila Ayala, seeks reconsideration of the Findings and Award, issued August 19, 2010. in which a workers’ compensation administrative law judge (WCJ) found applicant sustained 23% permanent disability, after apportionment, as a result of her admitted February 26. 2006 industrial injury to her neck, back and psyche, while employed as a housekeeper byCl-.A. Metropolitan Medical Center.            Applicant contests the WCJ’s apportionment of her permanent disability to her 1991 award of 22% permanent disability from two prior industrial injuries, asserting that apportionment under Labor Code section 4664 cannot be applied. Applicant argues that apportionment is not justified since defendant has not established the extent of overlap between the prior and current disability, where the prior permanent disability was rated under the old rating schedule. Defendant has filed an answer to the petition for reconsideration.            For the reasons set forth below-, we shall grant reconsideration, rescind the Findings and Award and return this matter for further proceedings to determine whether defendant has met its burden to apportion applicant’s permanent disability under tabor Code section 4664. ,  Applicant sustained an admitted injury to her neck, hack and psyche on February 26, 2006,while employed as a housekeeper at LA. Metropolitan Medical Center.            According to the opinions of the Agreed Medical Examiners who evaluated applicant in the fields of Orthopedics and Psychiatry, non-industrial causes were responsible for 10% of ¡¡ applicant’s permanent disability.            Applicant also received an

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