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Carmen Moran-muraoka, vs. City Of Los Angeles,

CITY OF LOS ANGELES, CARMEN MORAN-MURAOKA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACARMEN MORAN-MURAOKA, Applicant,vs.CITY OF LOS ANGELES, Defendant(s).Case No. ADJ1004499 (LAO 0837499)OPINION AND DECISION AFTER REMITTITURIn its opinion of April 28, 2009, the Court of Appeal for the Second Appellate District, Division Four, annulled our July 7, 2008 Opinion and Order Denying Petition for Reconsideration, wherein we denied applicant’s petition for reconsideration of the workers’ compensation administrative law judge’s (WCJ) decision that applicant’s permanent disability should be rated using the 2005 Schedule for Rating Permanent Disabilities. Relying on the opinion in Zenith Ins. Co. v. Workers’ Comp. Appeals Bd. (Cugini) (2008) 159 Cal.App.41h 483 [73 Cal.Comp.Cases 81], the Court determined, upon consideration of the entire record, that substantial evidence supports application of the 1997 rating schedule, based on the pre-2005 reporting of treating physician, Dr. Steven Nagelberg.            In accordance with the Court’s decision, we will issue a new decision that grants applicant’s petition for reconsideration; amends the WCJ’s decision to strike the Order, which is now unnecessary, and to find that the 1997 rating schedule applies; otherwise affirms the WCJ’s decision; and returns the matter to the trial level for rating of applicant’s permanent disability under the 1997 schedule, and for such further proceedings as the WCJ deems appropriate.////// ,             For the foregoing reasons,            IT IS ORDERED, as the Workers’ Compensation Appeals Board’s Decision After Remittitur, that applicant’s Petition for Reconsideration of the Finding of Fact, Order to Develop the Record, and Award filed and served on April 25, 2008, be, and the same hereby is, GRANTED.            IT IS FURTHER ORDERED, as the Decision After Reconsideration of the Workers’ Compensation Appeals Board, that the Finding of Fact, Order to Develop the Record, and Award fi


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