Manuel Ortiz vs. Tower Industries, Inc; Scif Insured Inland Empire

(MON 0342974) is a case in which the State Compensation Insurance Fund (SCIF) filed a petition for reconsideration from the Findings and Award issued by a workers' compensation administrative law judge (WCJ). The WCJ found that the applicant, Manuel Ortiz, sustained 100% permanent disability as a result of his November 28, 2005 industrial injury to his pelvis, right lower extremity, urethra, psyche, back, cardiovascular, gastrointestinal and reproductive/erectile dysfunction, as well as a sleep disorder. SCIF argued that the WCJ's determination was not justified by the evidence and that she erred in finding applicant sustained injury in the form of a sleep disorder and erectile/penile dysfunction. The

Tower Industries, Inc; SCIF Insured Inland Empire Manuel Ortiz WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIA MANUEL ORTIZ,Applicant, VS.TOWER INDUSTRIES, INC.; SCIFINSURED INLAND EMPIRE,Defendants.Case No. ADJ4118575 (MON 0342974)OPINION AND ORDER DENYING PETITIONS FOR RECONSIDERATION Defendant, State Compensation Insurance Fund, on behalf of its insured, Tower Industries,Inc., has filed a petition for reconsideration from the Findings and Award, issued May 26, 2010, and a second petition’ from the Amended Findings and Award, issued June 9, 2010, in which a workers’ compensation administrative law judge (WCJ) found applicant, Manuel Ortiz, sustained[I 100% permanent disability as a result of his November 28, 2005 industrial injury to his pelvis, right lower extremity, urethra, psyche, bacV, cardiovascular. gastromntestinal andreproductive/erectile dysfunction, as admitted, and sleep disorder, while employed as an exercise rider/assistant horse trainer. Defendant contends the WCJ’s determination that applicant is totally permanently disabledis not justified by the evidence, as she did not adequately explain how the 98% permanent disability rating could rise to the level of 100% permanent disability based upon application of theprovision in Labor Code section 4662, that “in all other cases, permanent total disability shall be 1The Amended Findings and Award added a commutation date for the award of attorney fees and provided that theapplicant’s life pension was subject to annual increases based upon the State Average Weekly Wage, but did not makeany changes material to the issues raised by defendant’s petition. , determined in accordance with the fact.” Defendant further contends the WCJ erred in finding applicant sustained injury in the form of a sleep disorder and erectile/penile dysfunction.2Applicant has filed an answer to defendant’s petition. For the reasons set forth below, we shall affirm the WCJ’s determination and will denydefendant’s petitions f

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