Julie Kaus vs. State Of California, highway Patrol, Legally Uninsured, Adjusted By State Compensatio Insurance Fund,

: In this case, the State of California, California Highway Patrol, legally uninsured, adjusted by State Compensation Insurance Fund, appealed a decision by the Workers' Compensation Appeals Board (WCAB) that found that the applicant, Julie Kaus, had sustained industrial injury to her back while employed as a highway patrol officer during the period April 14, 1996 through April 14, 2007. The WCAB found that the claim was settled by Stipulations and Award on January 28, 1999 for 20% permanent disability, that applicant filed a timely petition to reopen in ADJ637242/SFO 0410171 claiming new and further permanent disability but there has been no increase in permanent disability, and that defendant did not prove apportionment under Labor Code

STATE OF CALIFORNIA, HIGHWAY PATROL, legally uninsured, adjusted by STATE COMPENSATIO INSURANCE FUND, Julie Kaus WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIAJULIE KAUS, Applicant, vs.STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND, Defendant(s).Case Nos. ADJ2482512 (SFO 0430921) ADJ637242 (SFO 0410171)OPINION AND ORDERGRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATIONDefendant seeks reconsideration of the Findings and Award of April 8, 2010, in which the workers’ compensation judge (WCJ) found, in relevant part, that applicant, while employed as a highway patrol officer during the period April 14, 1996 through April 14, 2007, sustainedindustrial injury to her back, that this claim (ADJ637242/SFO 0410171) was settled by Stipulations and Award (S&A) on January 28, 1999 for 20% permanent disability, that applicant filed a timely petition to reopen in ADJ637242/SFO 0410171 claiming new and furtherpermanent disabifity but there has been no increase in permanent disability, that applicant, whileemployed as a highway patrol officer on September 18, 1999, sustained industrial injury to herback, causing permanent total disability (ADJ2482512/SFO 0430921),1 and that defendant did notprove apportionment under Labor Code sections 4663 and 4664. Defendant contends, in substance, that the parties stipulated to apportionment of 32%, thatthe WCJ erred in finding no apportionment under sections 4663 and 4664, and that the WCJ’s award violates the lifetime cap under section 4664(c)(1)(D). Applicant filed an answer. 1The WCJ made clerical errors in the dates of injury. The correct ending date of the cumulative trauma is April 14,1997. The correct date of the specific injury is May 18, 1999. The dates will be corrected , The WCJ submitted a Report and Recommendation. We adopt and incorporate theFactual Background” of the WCJ’s Report. We also agree with the WCJ’s Report in its conclusion that applic

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