City Of Daly City, Permissibly Self-Insured Daniel Brent WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADANIEL BRENT, Applicantvs.CITY OF DALY CITY, Permissibly Self-Insured, Defendants):Case Nos. SAC352539; SAC 352540; SAC 352541; SAC 358303OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the Findings. Award and Order issued April 20. 2007 wherein the workers’ compensation administrative law judge (WCJ) set forth the stipulations between the parties as Findings of Fact that applicant sustained an industrial injury to his low back on 5/20/04. 10/28/04, 11/12/04. and through 11/12/04, while employed as a firefighter. The WCJ further determined that applicant sustained 18% permanent disability and that applicant’s benefits would be calculated based upon “the new rating schedule” in the total sum of $16.050.00. Applicant contends that the WCJ cncd by failing to utilize the “1997 Schedule” for rating permanent disabilities arguing: (1) that applicant’s last payment of temporary disability ended in 1 2004. requiring Labor Code section 4061 notice “thus triggering the exception mandating application of the 1997 Schedule as set forth in Labor Code section 4660(d)’’; and (2) that the medical records indicate the existence of permanent disability prior to January 1,2005. Defendant filed an answer. Based upon our review of the record, and for the reasons set forth herein, we will grant reconsideration, rescind the WCJ’s decision and return this matter to the trial level for further proceedings, as deemed appropriate by the WCJ. and a new decision by the WCJ which utilizes the 1997 Schedule for Rating Permanent Disability. , In the underlying mailer, applicant, a firefighter, sustained admitted industrial injuries to his back on May 20, 2004, October 28, 2004, November 12, 2004 and cumulative through November 12, 2004. Applicant first received temporary disa
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