OUTBACK STEAKHOUSE; STATE COMPENSATION INSURANCE FUND, DOMINIC WATKINS, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADOMINIC WATKINS,, Applicant,vs.OUTBACK STEAKHOUSE; STATE COMPENSATION INSURANCE FUND,, Defendant(s).Case No. RDG 120102OPINION AND DECISIONAFTER RECONSIDERATION In order to further study the factual and legal issues in this case, on July 12, 2007, we granted applicant’s petition for reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Findings of Fact of April 24, 2007, wherein the WCJ fount/that the 2005 Schedule for Rating Permanent Disabilities (“2005 Schedule”) rather than the 1997 Schedule for Rating Permanent Disabilities (“1997 Schedule”) applied to this case. The parties had stipulated that while employed as a waiter during a cumulative period from August 16, 2003 through August 24, 2004, applicant sustained industrial injury to his right major wrist and low back. All issues other than which rating schedule applies to this case have been deferred. Applicant contends that the WCJ erred in finding that the 2005 Schedule applies to this case, arguing that November 3, 2004 and the November 17, 2004 reports of applicant’s primary treating physician, Arnold S. Sahagian, M.D., constitute reports in existence prior to January 1, 2005 “indicating the existence of permanent disability.” We have received an answer and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (“Report”). We agree with the applicant that Dr. Sahagian’s November 2004 reports were sufficient to trigger the application of the 1997 Schedule. We will therefore rescind the Findings of Fact of April 24, 2007, and issue a new decision reflecting that the 1997 Schedule is applicable to thiscase. , Labor Code section 4660(d), which controls which rati Jg schedule applies to a given case, provides as follows: ‘The schedule shall promote consistency, uniformity, and objectivity. The schedule and
