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Dominick Chimeri, vs. County Of Sacramento, Permissibly Self-insured,

COUNTY OF SACRAMENTO, permissibly self-insured, DOMINICK CHIMERI, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADOMINICK CHIMERI, Applicant,vs.COUNTY OF SACRAMENTO, permissibly self-insured, Defendant.Case No. ADJ3280403 (SAC 0296205)OPINION AND DECISION AFTER RECONSIDERATION            On February 9, 2009, we granted reconsideration of the Findings and Award of November 21, 2008, to further study the issues. This is our Decision After Reconsideration.            In the November 21, 2008 Findings and Award, the workers’ compensation judge (WCJ) found that applicant sustained an admitted industrial injury to his lower extremities, back, and psyche, on October 9, 1996, while employed by defendant as a probation assistant, and that the injury caused temporary disability from January 3, 1999, through March 31, 2005, a need for further medical treatment, and 93.25% permanent disability after apportionment, entitling applicant to temporary disability indemnity (TDI) for the above-described period, further medical treatment, and permanent disability indemnity in an unspecified amount 2 plus thereafter a weekly $128.52 life pension.            In applicant’s petition for reconsideration, he contended that the injury caused 100% permanent disability, arguing that the “high doses of narcotic pain medication,” which applicant takes for the pain in his lower extremities because of the injury, render him unable to compete in 1It appears that the Findings and Award contains an inadvertent clerical error, misidentifying the end date of temporary disability as March “5” rather than March 3, 2005. We will correct the inadvertent clerical error.2It appears that the WCJ inadvertently omitted an express award of permanent disability indemnity totaling $146,222.50. , the open labor market and that the WCJ misapplied the 25% apportionment of applicant’s permanent disability, as opined by defendant’s qualified medical evaluator (QME), Steven Feinberg, M.D., after correctly conclud


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