ADJ3490254

This case involves Jay and Dana Rodriguez, Kemper Auto & Home Insurance Company, and Crawford & Company. Michael Tillmanns, the applicant, sought reconsideration of the Workers’ Compensation Appeals Board’s “Opinion and Order Granting Reconsideration and Decision After Reconsideration” of September 25, 2009. The Board denied the petition for reconsideration, finding that the injury resulted in permanent disability of 11%, after apportionment, that 75% of the permanent disability in applicant’s left lower extremity, and 90% of the permanent disability in his right lower extremity, is subject to apportionment under Labor Code section 4663, and that applicant’s attorney is not entitled to an attorney’s fee for attending the deposition

In this case, Jay and Dana Rodriguez, insured by Kemper Auto & Home Insurance Company, adjusted by Crawford & Company, were sued by Michael Tillmanns. The Workers’ Compensation Appeals Board found that on June 20, 2006, Tillmanns sustained industrial injury to both knees and his teeth, that his average weekly earnings were $700.00 per week, and that the injury caused 44% permanent disability, after apportionment. The Board reversed the WCJ’s finding on apportionment, resulting in a downward amendment of the permanent disability award to 11%. The Board also rejected defendant’s objection to its liability for Dr. Freeman’s reports, and reversed the WCJ’s fee to applicant’s attorney for attendance of Dr. Sh