STATE OF CALIFORNIA, CDRC-CALIFORNIA MEN’S COLONY; Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency, DONALD LEWIS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADONALD LEWIS, Applicant,vs.STATE OF CALIFORNIA, CDRC-CALIFORNIA MEN’S COLONY; Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency, Defendant.Case No. ADJ283022 (GRO 0033469)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 July 21, 2008, wherein the WCJ found that applicant, while employed as a correctional officer between 1981 and November 28, 2005, sustained industrial injury to his psyche, causing 80% permanent disability without apportionment and a need for further medical treatment. Defendant contended the WCJ erred in finding 80% permanent disability without apportionment, arguing that the WCJ should have apportioned 20% of applicant’s disability tonon-industrial causation pursuant to Labor Code section 4663,1 based on the reporting of the agreed medical examiner (AME) in psychiatry, Gary D. Stanwyck, M.D. We have considered defendant’s petition for reconsideration, applicant’s answer and the entire record in this matter. The WCJ has filed a “Report of Workers’ Compensation 1Unless otherwise stated, all further statutory references are to the Labor Code. , Administrative Law Judge on Petition for Reconsideration” (Report), recommending that the petition be denied. For the reasons discussed below, we will rescind the July 21, 2008 Findings and Award, and return the matter to the trial level for further proceedings and a new decision by the WCJ reflecting that
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