Stanford Hospital & Clinics; Sedgwick 2065 Oakland Zorica Ilic WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAZORICA ILIC, Applicant,vs.STANFORD HOSPITAL & CLINICS; SEDGWICK 2065 OAKLAND, Defendants.Case No. ADJ1146871 (SAC 0349672)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISIONAFTER RECONSIDERATION Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Award of March 23, 2010, wherein it was found that while employed by as an operating room assistant on October 4, 2004, applicant sustained admitted industrial injury to her low back and psyche causing permanent disability of 78% after Labor Code § 4663 apportionment to non-industrial factors, and the need for further medical treatment. The WCJ found that the applicant’s payments of permanent disability indemnity’ and life pension “are adjusted for the [state average weekly wage (SAWW)] per the Duncan [v. Workers’ Comp. Appeals Bd. (X.S.) (2009) 179 Cal.App.4th 1009 [74 Cal.Comp.Cases 1427]] decision.” In finding permanent disability of 78%, the WCJ found that the applicant rebutted the scheduled 2005 Permanent Disability Rating Schedule Diminished Future Earning Capacity (DFEC) adjustment factor. Defendant contends that the WCJ erred in finding permanent disability of 78%, arguing that the WCJ erred in (1) applying an incorrect DFEC adjustment factor, (2) failing to properly apply Labor Code § 4664 apportionment to a prior award of permanent disability, and in (3) relying upon the opinions of applicant’s orthopedic and psyche qualified medical evaluators rather than the defendant’s qualified medical evaluators in determining the applicant’s permanent disability. The defendant also contends that applicant is “not entitled to SAWW adjustments per the Duncan v. WCAB decision,” because the Supreme Court granted review in Duncan on March 24, 2010, the , day after the WCJ served her decision. A published Court of Appeal opinion is no
