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Mary Morrison vs. Sutter Medical Foundation,permissibly Self-insured And Administered By Sutter Health Sacramento

Sutter Medical Foundation,permissibly self-insured and administered by Sutter health Sacramento Mary Morrison WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIAMARY MORRISON,Applicant, Vs. SUTTER MEDICAL FOUNDATION, permissibly self-insured administered by SUTTER HEALTH SACRAMENTO,Defendant(s)Case No. ADJ3052057 (SAC 0360534)SECOND AMENDED OPINION ANDORDER DENYING DEFENDANT’SPETITION, GRANTINGAPPLICANT’S PETITION ANDDECISION AFTER RECONSIDERATION            On August 4, 2010, we issued an opinion and order denying defendants petition, granting applicant’s petition, and decision after reconsideration. Through oversight, our opinion included a clerical error on page 2. J We inadvertently neglected to amend the date permanent disability commences in the award. We hereby amend our opinion to read as follows: Defendant and applicant each seek reconsideration of the May 26, 2010 Findings and Award wherein the workers’ compensation administrative law judge (WCJ) found that theapplicant, while employed as a nurse on June 17, 2006, sustained an industrial injury to her thoracic spine, thoracic rib, gait disturbance, psyche, and incontinence that caused 100%permanent total disability.             Defendant contends that the WCJ erred in awarding 100% permanent disability without apportionment pursuant to Labor Code section 4664 to a prior award.            Applicant contends that the WCJ erred in failing to find that the applicant is entitled to totalpermanent disability benefits retroactively commencing within 14 days after the termination of 1 The Workers’ Compensation Appeals Board may correct a clerical error at any time without the need for further hearings, even after the statutory time for reconsideration is passed. (Toccalino v. Workers’Comp. Appeals Bd. (1982) 47 Cal Comp.Cascs 145. 155.) , temporary disability. Inthe alternative, applicant contends that she is entitled to permanent disability benefits commencing on the date the agreed medical evaluator found

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