Jorge Andrade vs. Ventura Unified School District Permissibly Self-insured Administered By York

VENTURA UNIFIED SCHOOL DISTRICT Permissibly Self-Insured Administered by YORK JORGE ANDRADE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJORGE ANDRADE, Applicant,vs.VENTURA UNIFIED SCHOOL DISTRICT,Permissibly Self-Insured, Administered byYORK, Defendants.Case Nos. ADJ5776655ADJ7629109(Oxnard District Office)OPINION AND DECISIONAFTER    RECONSIDERATION            We granted applicant’s Petition for Reconsideration on August 1, 2013 to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration.            Applicant sought reconsideration of two Findings and Awards (F&A)s issued by a workers’ compensation administrative law judge (WCJ) on May 10, 2013. In the F&A in ADJ5776655, the WCJ found in pertinent part that applicant sustained industrial injury to his back on February 10, 2005 and that applicant sustained 8% permanent disability after apportionment. In the F&A in ADJ7629109, the WCJ found in pertinent part that applicant sustained industrial injury to his back on November 21, 2008, but that all of applicant’s permanent disability was apportioned to his previous injuries so that applicant did not sustain permanent disability, and that applicant was rated in occupational group number 340.Applicant contended with respect to both F&As that the medical reports of the panel Qualified Medical Evaluator (QME) were not substantial evidence and that the findings as to permanent disability and apportionment were not based on substantial evidence. In ADJ7629109, he also contended that his occupational group number should have been 360 based on his actual job duties.            Defendant filed an Objection to applicant’s Petition, which we treat as an answer. We received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ in response to applicant’s petition, which recommends denial of the petition.            On June 20, 2013, applicant requested permission to file and filed a respons

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