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Linda Palmer vs. Kaiser Permanente, P.s.i., Adj. By athens Administrators

Kaiser Permanente, P.S.I., Adj. By Athens Administrators Linda Palmer WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALINDA PALMER, Applicant,vs.KAISER PERMANENTE, P.S.I., Adj. by ATHENS ADMINISTRATORS, Defendant(s).Case No. ADJ2605239OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTERRECONSIDERATION            Defendant seeks reconsideration of the June 9, 2010 Findings and Award, wherein theworkers’ compensation administrative law judge (WCJ) found that applicant, while employed as an EKG technician on July 9, 2002, sustained industrial injury to her low back and psyche, that applicant’s injury- has caused new and further disability, and that her injury has caused 71 percent permanent disability, after adjustment for occupation, age, and apportionment, and need for further medical treatment.            Defendant contends the WCJ erred in finding that applicant sustained a compensable psychiatric injur)’ and that his decision violates the legislative intent behind Labor Code section 3208.3(b)(1).We have considered the Petition for Reconsideration and applicant’s Answer, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. Although the WCJ’s Report and applicant’s Answer contain two case numbers in their captions, defendant sought reconsideration of the Findings and Award in ADJ2605239 (SRO 0121706) only. The WCJ issued a separate Findings and Order in ADJ4709075 (SRO 0139940) on the same date as the decision in ADJ2605239 (SRO 0121706), finding that applicant did not sustain industrial injury during the , cumulative period through May 2, 2007: but we have not received any petition tor reconsideration of that decision. On reconsideration, therefore, wc have considered only the decision in ADJ2605239 (SRO 0121706).            For the reasons discussed below, we will grant defendant’s petition for reconsideration, amend the Fi


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