TIP TOP MEATS EUROPEAN DELI; COMMERCIAL CASUALTY INSURANCE COMPANY, ALICIA MONTGOMERY, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALICIA MONTGOMERY, Applicant, vs.TIP TOP MEATS EUROPEAN DELI;COMMERCIAL CASUALTY INSURANCECOMPANY, Defendants.Case No. ADJ2616452 (SDO 0312747)No. ADJ2616452 (SDO 0312747)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant, Commercial Casualty, on behalf of its insured, Tip Top Meats European Deli, seeks reconsideration of the Second Amended Findings and Award, issued by the workers’ compensation administrative law judge (WCJ) on November 26, 2008. In that decision, the WCJ found in relevant part that applicant, Alicia Montgomery, is permanently totally disabled (100%) as a result of a February 26, 2003 industrial injury to her neck, left shoulder, left hip and cervical spine, which she sustained while employed as a cashier. The WCJ concluded that due to the combined results of her industrial injury, the effect of her medications on her intellectual functioning, her limited education, her self-imposed limitations and lack of transferable job skills, applicant was incapable of participating in vocational rehabilitation and is permanently precluded from participating in the open labor market. The WCJ also concluded that there is no valid basis for apportionment, in that her limitations and need for medications due to her industrial injury justify the finding of total permanent disability, pursuant to LeBoeuf v. Workers’ Comp. Appeals Bd. (1983) 34 Cal.3d 234 [48 Cal.Comp.Cases 587]. Defendant contends the evidence does not justify the findings of fact, and that the WCJ f erred in failing to make an apportionment determination pursuant to Labor Code section 4663. , Applicant has filed an answer to defendant’s petition. For the reasons set forth below, we shall grant reconsideration, rescind the Second Amended Findings and Award and return this matter to the tr
