Josephine Richau, vs. San Francisco Unified School District; Insurance Corporation Of Hannover By Midlands Claims Administrators,

SAN FRANCISCO UNIFIED SCHOOL DISTRICT; INSURANCE CORPORATION OF HANNOVER by MIDLANDS CLAIMS ADMINISTRATORS, JOSEPHINE RICHAU, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSEPHINE RICHAU, Applicant,vs.SAN FRANCISCO UNIFIED SCHOOL DISTRICT; INSURANCE CORPORATION OF HANNOVER by MIDLANDS CLAIMS ADMINISTRATORS, Defendants.Case No. ADJ2345295 (OAK 0340967)OPINION AND ORDER DENYING RECONSIDERATION            Defendant seeks reconsideration of the May 21, 2009 Findings and Award of the workers’ compensation administrative law judge (WCJ) who found that applicant is totally permanently disabled by the effects of the methicillin resistant staphylococcus aureus (MRSA) infection that developed following surgeries performed to treat the admitted July 16, 2002 industrial injury she incurred to her spine while working as a special education teacher for the San Francisco Unified School District (District). The WCJ found no basis for apportionment of the 100% permanent disability and awarded future medical treatment.            Defendant contends that the evidence does not support the award of 100% permanent disability and that it has new material evidence that could not have been discovered and produced at trial with reasonable diligence. Defendant seeks to have the WCJ’s decision set aside and the case remanded for development of the record based upon its contentions that, 1) applicant’s condition is not permanent and stationary, 2) the issue of apportionment was not addressed by the parties’ Agreed Medical Examiner (AME), Norman Panting, M.D., 3) the issue of causation was not properly addressed by the AME, 4) the WCJ did not apportion to applicant’s prior injuries, and 5) the WCJ did not “adequately develop” the record. ,             An Answer was received from applicant along with the WCJ’s Report and Recommendation on Petition for Reconsideration (Report).1            We deny reconsideration for the reasons expressed by the WCJ in her Report and below.2 Applicant

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