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Thomas Hernon, vs. County Of Santa Clara, Permissibly Self-insured,

COUNTY OF SANTA CLARA, permissibly self-insured, THOMAS HERNON, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATHOMAS HERNON, Applicant,vs.COUNTY OF SANTA CLARA, permissibly self-insured, Defendant.Case No. ADJ2748573 (SJO 0257327)OPINION AND ORDER DENYING RECONSIDERATION            Applicant seeks reconsideration of the Opinion and Order Granting Reconsideration and Decision After Reconsideration of July 29, 2009, wherein we granted defendant’s petition for reconsideration of the Findings and Award of May 11, 2009.            In the May 11, 2009 Findings and Award, the workers’ compensation judge found that I applicant sustained an admitted industrial injury to his low back, neck, and shoulders on May 3, 2003, while employed by defendant as a public service worker (occupational group number 560), and that injury caused, among other things, a need for further medical treatment and 74%permanent disability, determined pursuant to the 1997 Schedule for Rating Permanent Disabilities (1997) Schedule, without a basis for apportionment, entitling applicant to further medical treatment and permanent disability indemnity totaling $106,375 plus a life pension.`In our July 29, 2009 Opinion and Order Granting Reconsideration and Decision After Reconsideration, we granted defendant’s petition for reconsideration of the May 11, 2009 Findings and Award and amended it to find that the injury caused 63% permanent disability, using occupational group number 3801, after apportionment of 10% of applicant’s overall permanent disability to factors other than the industrial injury, pursuant to Labor Code section 46632, based on 1The change in occupational group number resulted in an overall (i.e. before apportionment) permanent disability of 70%.2All further statutory references are to the Labor Code, unless otherwise noted. , the opinion of Steven Conrad, an orthopedic surgeon and the parties’ agreed medical evaluator (AME).            Applicant contends that the injury caused 70%

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