Estela Luis vs. Community Bridges; State Compensation Insurance Fund

In this case, Estela Luis was awarded permanent disability compensation from her employer, Community Bridges, and its insurer, State Compensation Insurance Fund, after sustaining a specific industrial injury to her left knee and psyche on February 28, 2003, and a cumulative trauma injury to her left knee over the period December 21, 1994 through February 28, 2003. The Workers' Compensation Appeals Board granted reconsideration of the Findings, Award and Order, issued April 22, 2011, and affirmed the award of the life pension, except that it was deferred pending further proceedings regarding the annual rate by which the life pension shall increase pursuant to Labor Code section 4659(c).

Community Bridges; State Compensation Insurance Fund Estela Luis WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAESTELA LUIS, Applicant,vs.COMMUNITY BRIDGES; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ1050422 (SAL 0104052) ADJ3107039 (SAL 0114548)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant, Community Bridges, by and through its insurer, State Compensation Insurance Fund, seeks reconsideration of the Findings, Award and Order, issued April 22, 2011, in which a workers’ compensation administrative law judge (WCJ) found applicant Estela Luis sustained 100% permanent disability, as a result of the combination of a specific industrial injury to her left knee and psyche on February 28, 2003, and a cumulative trauma injury to her left knee over the period December 21, 1994 through February 28, 2003, while employed as a Cook Assistant. Applicant was awarded permanent disability commencing April 4, 2006 and continuing at the weekly rate of $304.00 for the remainder of her life, with annual increases on the first day of each year pursuant to the State Average Weekly Wage increases pursuant to Labor Code section 4659(c). The increases were ordered to commence at least as of January 1, 2010, pending a final determination in Baker v. Workers’ Comp. Appeals. Bd. ([S 179194]; formerly Duncan v. Workers’ Comp. Appeals. Bd. Attorney fees of $77,367.18 were awarded to applicant’s attorney, to be commuted pursuant to a Disability Evaluation Unit worksheet, reducing applicant’s weekly benefit rate.            Defendant contends the WCJ erred in the following respects. First, defendant contends , applicant’s permanent disability should have been rated using the 2005 permanent disability rating schedule, since the report the WCJ relied upon to satisfy the Labor Code section 4660(d) exception does not constitute substantial evidence. Second, defendant asserts the finding of 100% permanent disability is in error

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