Slater Brothers Markets, Administered By Specialty Risk Services Barbara Gross Applicant seeks reconsideration of the May 13, 2010 Findings, Award & Order of the workers’ compensation administrative law judge (WCJ) who found that applicant incurred industrial injury to her left shoulder, neck, wrist, left elbow, right wrist and right hand while employed by defendant as a produce clerk during the period August 1. 2003 through August 1, 2004, causing a need for future medical treatment and 85% permanent disability after apportionment of 5% to nonindustriai factors. Hie WCJ further found that the Employment Development Department (EDD) was entitled to recover on its lien for the periods November 4, 2004 to November 9, 2004 and from March 2, 2006 to February 11,2007. Applicant contends that substantial evidence shows that applicant is permanently totally disabled, including evidence by the parties’ Agreed Vocational Evaluator (AVE) Kelly Winn, and that it was error to allow the lien of EDD for the period March 2, 2006 to February 11,2007. An answer was received from defendant. The WCJ provided a Report and Recommendation on Petition for Reconsideration (Report), recommending that reconsideration be granted to allow the EDD lien to be further addressed, but that the May 13. 2010 decision otherwise be affirmed. , We grant reconsideration and as our decision after reconsideration rescind the entire May 13, 2010 Findings, Award & Orders. The case is returned to the trial level for the WCJ to reevaluate applicant’s level of permanent disability, and to further address the EDD lien. Although the WCJ correctly concluded that LeBoeuf v. Workers’ Comp. Appeals Bd. (1983) 34 Cal.3d 234 [48 Cal.Comp.Cases 587) (LeBoeuf) does not apply to permanent disability that is evaluated using the AMA Guides to the Evaluation of Permanent Impairment, Fifth Edition (AMA Guides), the 2005 Permanent Disability Rating Schedule (J005 PDRS) continues
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