Los Angeles Unified School District, Permissibly Self-Insured, Administered By Sei)Gwick Cms Angela Rhymes WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANGELA RHYMES, Applicant,vs.LOS ANGELES UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Administered By SEI)GWICK CMS, Defendant.Case No. AD33100377 (MON 0353282)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Détendant seeks reconsideration of a workers’ compensation adminístrame law judge’s (WCJ* f indings. Award, and Order of September 9. 2010. wherein it was found that, while empioyed as ;> teacher on Apn IV. 2007. applicant sustained stipulated industrial injury to her left ankle causing |>cimanent disability of 36%. Defendant contends thaï the WCJ erred in finding permanent disability of 36%. arguinu that the Novembci 2. 200V report of applicant s primary treating physician, orthopedist Max H. Matos. M D.. which the WCJ relied upon, did not constitute substantial medical ev idence on the issue of permanent disability, and that the WCJ should have followed the medical opinions of panel qualified medical evaluator orthopedist Lawrence A. Lei well. M.D. We have received an answer, ami the WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report). As explained below, we will grant reconsideration, rescind the bindings. w.»fd. and Order of September 9. 2010. anc return this matter to the triai level for further development of the record and decision on the issue of permanent disability because dr. Matos’ November 2. 2009 does not constitute substantial medical evidence.Dr. Matos issued an inma: permanent and stationary report on August Id. 2009 In his August 14. 2009 report. Dr. Matos wrote, without any further explanation, that “|t)otal lower extremity impairment is 4% whole person and that “(tjotal pain impairment is 3% whole person, ” , for a total whole person impairment of 7% (August )4. 2009 report at p. S.i
