A. C. Transit District; And Gates Mcdonald, David C. Ervin WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID C. ERVIN, Applicant,vs. A. C. TRANSIT DISTRICT; and GATES MCDONALD, Defendants.Case Nos. WCK 0069325; OAK 0307211OPINION AND DECISIONAFTER RECONSIDERATION On February 26, 2007, the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration1 to further study the factual and legal issues. This is our decision after reconsideration. In the decisions issued by the workers’ compensation administrative law judge (WCJ) on 15 November 28,2006, the WCJ found that on July 1, 2004, applicant sustained industrial injury to his right knee (OAK 0307211), that applicant sustained industrial injury to his low back and both knees during the period May 30, 2001 to May 30, 2002 (WCK 0069325), that applicant’s condition for both injuries became permanent and stationary (P&S) on August 22, 2005, that the permanent disability indemnity for the injuries is properly calculated using the 1997 schedule for rating permanent disabilities (PDRS), and that the injuries in the two cases combined, by reference to the multiple disabilities stable (MDT), to cause permanent disability of 49%, comprised of a 33% permanent disability to the back, without apportionment, and a 20% permanent disability to the knees, apportioned 75% to the two industrial injuries and 25% to all other causes.2 Pursuant to these findings, the WCJ awarded permanent disability indemnity in the amount of $55,750.00. [h3]1 [size=1]Commissioner Janice Jamison Murray concurred in the Order Granting Reconsideration, but she is no longer a member of the Board, and it was necessary to assign another panel member in her place.[/size][/h3] , Defendant sought reconsideration of the WCJ’s decisions, contending that the WCJ erred 2 in combining disabilities under Wilkinson v. Workers’ Comp. Appeals Bd. (1977) 19 Cal.3d 491 [42 Cal.Comp.Cases 406] (“Wilki
