Tooehy Green, Cynthia

Cynthia Toohey Green, a school teacher, had two consolidated claims: a specific injury of November 15, 2010 (ADJ8153795) and a cumulative trauma injury October 17, 1983 through June 12, 2012 (ADJ10913893). After the WCJ issued a Joint Findings and Award granting overlapping temporary disability, permanent disability of 60% and 23%, and a 15% increase under Labor Code section 4658(d)(2), both applicant and defendant petitioned for reconsideration. The Board affirmed the awards but amended them to correct the PD calculation (60% equals 351.25 weeks/$80,787.50), to apply the 104-week cap and five-year limitation of section 4656(c)(2) to the TD awards, and to defer calculation of the 4658(d)(2) increase and attorney's fees. The Board rejected defendant's argument that applicant voluntarily removed herself from the labor market, finding her retirement was forced by industrial injury, and remanded several issues to the trial level with jurisdiction reserved.