James Peters vs. Federal Express; Sedgwick Wallnut Creek

This case is about James Peters, an employee of Federal Express, who sustained an injury to his low back while on the job in 2000. In 2004, a Stipulations with Request for Award was issued for 26.5% permanent disability. In 2005, a Petition to Reopen for New and Further Permanent Disability was filed. After reviewing the medical evidence, the Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration and found that the original injury had caused 54% permanent disability.

Federal Express; Sedgwick Wallnut Creek James Peters WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAMES PETERS, Applicant,vs.FEDERAL EXPRESS; SEDGWICK WALLNUT CREEK, Defendant(s).Case No. ADJ3445498 (SFO 0440451)ADJ4010324 (SFO 0496717)ORDER DENYING RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration.            Furthermore, defendant’s petition with reference to Labor Code section 4067 is sanction- able at the worst for attempting to mislead the Appeals Board by quoting from and mis-citing 2 Hanna, California Law of Employee Injuries and Workers’ Compensation (Rev. 2d ed. 2011) Subsequent Evaluations, § 22.06 [6]. The quote is mis-cited as section 22.06(8), Hanna is misspelled, the word “must” in Hanna is not mandatory on the Appeals Board, and the Hanna quote is inaccurate in discussing Labor Code section 4907 when it leaves out the phrase “selected by an unrepresented employee from a three member panel” as a qualifier following the phrase “when an agreed medical evaluator or a qualified medical evaluator. . . .” At best, this is a careless and sloppy pleading which the Appeals Board does not appreciate having to decipher. ,             For the foregoing reasons,            IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD________________________________________DEIDRA E. LOWEI CONCUR,________________________________________RICK DIETRICH________________________________________ALFONSO J. MORESIDATED AND FILED A T SAN FRANCISCO, CALIFORNIA            JUN 30 2011SERVICE MADE BY MAIL ON ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES AS SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD: GRANCEL

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