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Elizabeth S. Wallace vs. Law Offices Of Errol Berk; State Compensation Insurance Fund

Law Offices Of Errol Berk; State Compensation Insurance Fund Elizabeth S. Wallace WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAELIZABETH S. WALLACE, Applicant,vs.LAW OFFICES OF ERROL BERK; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ4568443 (OXN 0137895)OPINION AND DECISION AFTER RECONSIDERATION            We previously granted defendant’s Petition for Reconsideration of our April 1, 2010 Opinion and Decision After Reconsideration, wherein we amended the October 11, 2010 Findings and Award of the workers’ compensation administrative law judge (WCJ) to reflect that applicant’s industrial injury caused permanent total disability and to defer the issue of attorney’s fees.’ This is our Opinion and Decision After Reconsideration.            Defendant contends we erred in finding permanent total disability and in failing to apportion permanent disability in accordance with the opinion of Dr. Thomas Hedge, agreed medical evaluator (AME) in physical medicine, rehabilitation, and pain management.            We have considered the Petition for Reconsideration and applicant’s Answer, and we have reviewed the record in this matter.            For the reasons expressed in our April 1, 2010 Opinion and Decision After Reconsideration, which we incorporate herein, and for the reasons discussed below, we will affirm our April 1, 2010 decision.            In its petition, defendant says that it disagrees with our determination that applicant is totally permanently disabled, before apportionment. (See Petition for Reconsideration, 3:11-3:12, 3:25-3:26; 1            Commissioner Cuneo, who was on the panel for our April 1, 2010 decision, has retired from the Appeals Board. Deputy Commissioner Hamilton was assigned to take his place on the panel. , see also 2:22-25.) All of its arguments, however, address our alleged error in failing to apportion permanent disability to non-industrial factors. Because defendant’s petition fails to “set forth specifically and in fu

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