I won an Award of 75%. The QME gave me 100% PD. There are at least 4 reasons why the WCJ should not have apportioned the 25%. I did a Petition for Reconsideration for 1 of the 4, and was denied. Can I use this Exception in Navarro to file a 2nd Petition?
(Navarro v. A&A Farming, et al. (2002) 67 Cal.Comp.Cases 296; (En Banc).
"[O]rdinarily a person may not petition for reconsideration of an order denying reconsideration. If one party prevails in the original hearing and on [reconsideration] the other party prevails, the first party may petition for [reconsideration) of the order made on [reconsideration] because he has for the first time become the aggrieved party."
Applicant prevailed in the original Hearing;
I won the Award
The F&A says: AWARD / AWARD IS MADE in favor of (Applicant) against (Defendant)…” a. permanent disability award…
The Denial from the WCAB DID NOT say: Findings and Award issued by the workers’ compensation administrative law judge on… 2013, be, and it is hereby, AFFIRMED
The Award actually says; “a. permanent disability award, after apportionment, of 75%”
I Petitioned the Apportionment, not the 75%. The actual Denial was less than a page, there is nothing in it to Appeal, no facts no Discussion nothing.