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Sheriee Borela vs. State Of California Department Of Motor Vehicles Legally Uninsured State Compensation Insurance Fund/state Contract Services Adjusting Agency

STATE OF CALIFORNIA DEPARTMENT OF MOTOR VEHICLES Legally Uninsured STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES Adjusting Agency SHERIEE BORELA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHERIEE BORELA, Applicant,vs.STATE OF CALIFORNIA, DEPARTMENT OFMOTOR VEHICLES, Legally Uninsured;STATE COMPENSATION INSURANCEFUND/STATE CONTRACT SERVICES,Adjusting Agency, Defendants.Case No. ADJ7181658(Oakland District Office)OPINION AND ORDERSDISMISSING PETITION FORRECONSIDERATION,GRANTING REMOVALAND DECISION AFTERREMOVAL            Applicant, Sheriee Barela, seeks reconsideration of the Decision After Reconsideration, issued May 13, 2014, in which this panel of the Workers’ Compensation Appeals Board granted defendant, State of California, Department of Motor Vehicles’ petition for reconsideration from the Findings and A ward, issued February 24, 2014. In that decision, a workers’ compensation administrative law judge (WCJ) found applicant sustained 73% permanent disability as a result of a May 29, 2009 industrial injury to her neck, back, chest, face, knees and psyche, while employed as a Licensing Examiner.            In our Decision After Reconsideration, we found the WCJ erred in instructing the Disability Evaluation Unit to combine the ratings for applicant’s orthopedic and psychiatric impairments “in an additive fashion,” rather than instructing the rater to use the method for combining ratings provided in the Combined Values Chart (CVC) of the 2005 Schedule for Rating Permanent Disabilities. We rescinded the Findings and Award and returned this matter for a new permanent disability rating utilizing the CVC.            Applicant contends that in our order returning this matter for a new permanent disability rating using the Combined Values Chart, we erred by failing to instruct the disability evaluator to separately rate the disability arising from applicant’s injury to her psyche, as found by Jed Sussman, Ph.D., the Agreed Medical Examiner in psycho

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