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Case Name | Bontempo vs. WCAB | |
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Date | 04/30/2009 | |
Note | Alleging issues of permanent disability and apportionment on the pre-trial conference statement is sufficient to raise the issue of 4658(d)(2) increase at trial and on review. | |
Citation | B207660 | |
WCC Citation | WCC 35192009 CA |
On April 14, 2003, Bontempo filed an Application for Adjudication of Claim with the Board, based on the knee injury (claim no. VNO 0471122). The hearing was taken off calendar when the parties decided to have Bontempo seen by an agreed medical examiner, Mason Hohl, M. D. , who examined and interviewed Bontempo and issued a report in November 2005. For claim no. VNO 0471122, the parties stipulated that on March 28, 2003, Bontempo, while employed by the City, "sustained industrial injury to his right knee. "Based on these findings, the hearing officer awarded Bontempo $49,256. 25 for the orthopedic claim (266. 25 times $185) and $39,600 for the pulmonary claim (180 times $220). G. Request for Reconsideration On January 18, 2008, Bontempo submitted a petition for reconsideration.
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