State Of California, Legally Uninsured George Luks WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIAGEORGE LUKS, Applicantvs.STATE OF CALIFORNIA, Legally Uninsured, DefendantAdjudication Number: ADJ11157657 Eureka District OfficeOPINION AND DECISION AFTER RECONSIDERATION In order to further study the factual and legal issues in this case, on December 22, 2020, we granted applicant’s Petition for Reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Award of September 29, 2020, wherein it was found that while employed as a correctional officer during a cumulative period ending on July 15, 2012, applicant sustained industrial injury to his knees, causing temporary disability from January 14, 2015 to January 25, 2017, subject to the 104-week limit of section 4656(c), permanent disability of 23% after apportionment, and the need for further medical treatment. Defendant contends that (1) applicant was not entitled to temporary disability indemnity because of his retirement from the workforce and (2) applicant was entitled to further Labor Code section 4464 apportionment to a 3% award of permanent disability in case ADJ7854457. On this last point, defendant’s Petition is not a model of clarity due to the confusing use of the term “credit” rather than “apportionment.” Credit is a distinct legal principle. We have received an Answer from the applicant, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report). We will affirm the finding of compensable temporary disability for the reasons stated by the WCJ in the Report. However, the WCJ erred in not apportioning 3% permanent disability to the July 14, 2011 Award of 3% permanent disability in case ADJ7854457. We therefore amend the WCJ’s decision to reflect that applicant has sustained compensable permanent disability of 20%. , DISCUSSION Applicant sustained industrial injury to his right knee on January 2
