Vons, a Safeway Company, Permissibly Self-Insured Belita Rigoli-Betancourt WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABELITA RIGOLI-BETANCOURT, Applicant,vs.VONS, A SAFEWAY COMPANY, Permissibly Self-Insured, Defendant(s).Case No. ADJ2854178 (VNO 0456317)OPINION AND DECISION AFTER RECONSIDERATION We previously granted defendant’s petition for reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Defendant sought reconsideration of the Findings and Award issued by the workers’ compensation administrative law judge (WCJ) on February 3, 2010, wherein the WCJ found that applicant, while employed as a cashier/checker from January 1997 to April 9, 2002, sustained industrial injury to her neck, back, headaches, bilateral hands and upper extremities, bilateral lower extremities, fibromyalgia, hypertension, and gastrointestinal, causing 100% permanent disability and a need for further medical treatment. Previously, in 1982, applicant obtained an award of 19 1⁄2% permanent disability due to an industrial injury causing emotional upset, which aggravated an underlying gastrointestinal condition. Defendant contended in essence that the WCJ erred in finding 100% permanent disability, arguing that it met its burden to establish apportionment pursuant to Labor Code section 46641 and that the WCJ failed to address its right to credit for applicant’s prior permanent disability award of 19/2%. Defendant also contended that the WCJ erred in using the 1997 Permanent Disability Rating Schedule (PDRS) to rate applicant’s disability, arguing that the 2005 PDRS 1 Unless otherwise stated, all further statutory references are to the Labor Code. , must be used to rate applicant’s fibromyalgia. Defendant also contended that the WCJ erred in relying on the reports of applicant’s qualified medical examiner (QME), Richard H. Shaw, M.D., arguing that his reports do not constitute substantia
