Theodoro Gonzalez, vs. Adams Campbell Company, Incorporated; Compwest Insurance Company,

In this case, Theodoro Gonzalez was found to have sustained total permanent disability as a result of a November 4, 2008 industrial injury to his right upper extremity causing amputation to the mid-proximal forearm, left shoulder and psyche, while he was employed as a Die Setter/Punch Press Operator. The defendant, Adams Campbell Corporation, contested the finding that applicant is permanently totally disabled, arguing that the evidence does not support the finding that applicant is unable to compete in the open labor market. The Workers' Compensation Appeals Board affirmed the WCJ's Findings and Award and Order, except that they amended the findings with regard to defendant's credit rights to include the dates defendant overpaid temporary disability.

Adams Campbell Company, Incorporated; Compwest Insurance Company, Theodoro Gonzalez, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATHEODORO GONZALEZ,Applicant,vs.ADAMS CAMPBELL COMPANY, INCORPORATED; COMPWEST INSURANCE COMPANY,Defendants.Case No. ADJ6663734(Los Angeles District Office)OPINION AND DECISION AFTER RECONSIDERATION            We granted reconsideration in this matter to provide an opportunity to further study the legal and factual issues raised by the petition for reconsideration. Having completed our review, we now issue our Decision After Reconsideration.            Defendant, Adams Campbell Corporation, by and through its insurer, CompWest, filed a Petition for Reconsideration from the Findings and A ward and Order, issued April 11, 2016, in which a workers’ compensation administrative law judge (WCJ) found applicant Theodoro Gonzalez sustained total permanent disability as a result of a November 4, 2008 industrial injury to his right upper extremity causing amputation to the mid-proximal forearm, left shoulder and psyche, while he was employed as a Die Setter/Punch Press Operator. Applicant was found to be temporarily disabled from November 5, 2008 to December 21, 2009, with defendant entitled to credit for overpayments. The WCJ further found neither applicant nor defendant were entitled to a 15% adjustment of permanent disability under Labor Code section 4658.            Defendant contests the WCJ’s determination that applicant is permanently totally disabled, arguing that the evidence does not support the finding that applicant is unable to compete in the open labor market. Defendant argues that the WCJ improperly relied upon the report of applicant’s vocational expert, Aida Worthington, as her report did not consider relevant medical records, was prepared prior to , the implementation of SB 863 and did not provide an adequate analysis of applicant’s transferable skills. Defendant further argues that the WCJ improperly discounted the opi

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