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Guillermina Baldwin, vs. Delphi Energy & Engine Management; California Insurance Guarantee Association For Reliance Insurance, In Liquidation,

Delphi Energy & Engine Management; California Insurance Guarantee Association For Reliance Insurance, In Liquidation, Guillermina Baldwin, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGUILLERMINA BALDWIN,Applicant,vs.DELPHI ENERGY & ENGINE MANAGEMENT; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For RELIANCE INSURANCE, In Liquidation,Defendants.Case No. ADJ367164 (AHM 0084399)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Award of February 23, 2017, wherein it was found that, while employed as a floater on September 15, 1999, applicant sustained industrial injury to her low back, left knee, and psyche causing permanent total (100%) disability. Although the basis behind the WCJ’s ruling was not made entirely clear in the Opinion on Decision accompanying the decision, in the Report and Recommendation on Petition for Reconsideration, the WCJ clarifies that she found permanent total disability without apportionment based on Labor Code section 4662(a)(4), which currently reads that “An injury to the brain resulting in permanent mental incapacity” shall be conclusively presumed to be total in character. At the time of applicant’s injury, the statute read “An injury to the brain resulting in incurable imbecility or insanity” shall be conclusively presumed to be total in character.            Defendant contends that the WCJ erred in finding permanent total disability without apportionment based on Labor Code section 4662(a)(4) arguing that applicant did not sustain a “brain injury” or “permanent mental incapacity” for the purposes of that statute. We have not received an answer, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration.            As explained below, we will grant reconsideration and return this matter to the trial level for further proceedings and decision on the issu

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