Last time I asked the wrong question last time; I asked if there is anything I can do, I am now asking is there anything an Attorney can do to save my claim. Here are the facts again. I am pro per; I just filed my Petition for Reconsideration; I did it and it most likely will fail. I did not prove 6 of 8 orthopedic body parts; and I did not get 25% of the permanent disability that I need.
I did win the Award; my Judge found me 100% PD; but Apportioned 25%; the Award can not be apportioned under LC 4663 or LC 4664, which is the basis for my Recon.
3 of 4 orthopedic reports say all 8 body parts are industrial; my Judge only used the Defense Doctors report, saying only 2 of the 8 are industrial. If you are an Attorney who works at the Anaheim Court and think you can help, let me know and I will contact you.The Apportioned body parts are industrial; but have never been rated or paid; LC4664; they are with the same Employer; (Kopping). The Defense never submitted a LC4663 or LC4664 argument or justification; I submitted 3 additional arguments to Recon. This is a 10 year old claim; the MPN(s); 3 PTP(s); plus Applicant’s QME all found all 8 orthopedic body parts industrial; the last 4 of 6 Defense Doctor reports were LC4050 reports; (all the same Doctor; and the one of the PTP(s) and the Applicant’s QME-who was see under LC4061-did write the Defense Doctor.