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Randall Neitzke, vs. County Of Los Angeles, Permissibly Self-insured,

COUNTY OF LOS ANGELES, permissibly self-insured, RANDALL NEITZKE, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARANDALL NEITZKE, Applicant,vs.COUNTY OF LOS ANGELES, permissibly self-insured, Defendant.Case No. ADJ2352341 (VNO 0508022)OPINION AND DECISION AFTER RECONSIDERATION            On September 14, 2009, we granted reconsideration of the Amended Findings of Fact and Award and Orders of July 1, 2009, to further study the issues. This is our Decision After Reconsideration.            In the July 1, 2009 Amended Findings of Fact and Award and Orders, the workers’ ‘1 compensation judge (WCJ) found that applicant sustained an admitted industrial injury to his left knee on June 21, 2004, while employed by defendant as a deputy sheriff, and that the injury caused (j a need for further medical treatment and 20% permanent disability, determined pursuant to the 2005 Schedule for Rating Permanent Disabilities (2005 Schedule), after apportionment, entitling applicant to further medical treatment and permanent disability indemnity totaling $18,050, less credit to defendant for payments of temporary disability indemnity (TDI) made during the periods from February 2, 2006, through March 4, 2007, and from April 4, 2007, through the present and continuing.            In applicant’s petition for reconsideration, he contended that the extent of permanent disability should be determined pursuant to the 1997 Schedule for Rating Permanent Disabilities and that the WCJ erred in applying the 2005 Schedule, arguing that pre-2005 treating physicians’ reports indicate the existence of permanent disability within the meaning of Labor Code section 4660(d). Applicant further contends that the WCJ erred in allowing defendant credit for its , purported overpayment of TDI against its liability for permanent disability indemnity, arguing that defendant waived the issue by not raising it in the parties’ pre-trial conference statement or at trial and that allowing the credit, which wou

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