Irma Sanchez vs. Long Beach Unified School District, Permissibly Self-insured, Administered By Tristar Risk Management

, The Long Beach Unified School District, permissibly self-insured, administered by Tristar Risk Management, sought reconsideration of the Joint Findings and Award of April 7, 2011, in which the workers' compensation judge found that during the period August 25, 2005 through August 25, 2006, the applicant, while employed as an Office Assistant by Long Beach Unified School District, sustained industrial injury to her bilateral upper extremities, bilateral forearms, bilateral elbows, internal/hypertension and kidneys, causing permanent disability of 94%, without apportionment. The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the matter to the trial level for further proceedings and new decision by the WCJ, without industrial compensation of

Long Beach Unified School District, permissibly self-insured, administered by Tristar Risk Management Irma Sanchez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAIRMA SANCHEZ, Applicant,vs.LONG BEACH UNIFIED SCHOOL DISTRICT, permissibly self-insured, administered by TRISTAR RISK MANAGEMENT, Defendant(s).Case No. ADJ1228787 (VNO 0533101)ADJ676900 (VNO 0533097)ADJ780789 (VNO 0548546)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Joint Findings and Award of April 7, 2011, in which the workers’ compensation judge (WCJ) found, in ADJ676900, that during the period August 25, 2005 through August 25, 2006, applicant, while employed as an Office Assistant by Long Beach Unified School District, sustained industrial injury to her bilateral upper extremities, bilateral forearms, bilateral elbows, internal/hypertension and kidneys, causing permanent disability of 94%, without apportionment. Defendant does not contest the findings in ADJ1228787 and ADJ780789, wherein the WCJ found that applicant sustained industrial injury to her right shoulder on May 5, 2006 and to her right knee and right shoulder on July 17, 2007, causing permanent disability of 10% and 3%, respectively.            Defendant contends, in substance, that the WCJ erred in relying upon the permanent and stationary (P&S) report of Dr. Lipper dated September 10, 2008 because it violates Labor Code section 4628 and is not substantial medical evidence, that applicant’s trial testimony contradicted the period of industrial exposure set forth in that report, that the WCJ erred in following Dr. Lipper on permanent disability while rejecting his opinion on apportionment under Labor Code section 4663, and that the WCJ erred in relying upon Dr. Lipper’s supplemental report of September 20, 2009. ,             Applicant filed an answer.            The WCJ submitted a Report and Recommendation.            Applicant has the burden of p

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