STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS EDWARD SCHROEDER WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEDWARD SCHROEDER, Applicant,vs.STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, Defendant.Case No. ADJ6622843(San Francisco District Office)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings, Award and Orders of July 5, 2012, wherein it was found that while employed as a correctional officer on November 1, 2008, applicant sustained admitted industrial injury to his heart, including hypertension and cardiovascular system, psyche and in the forms of hypoxia/vascular dementia, erectile dysfunction, headaches, loss of sense of smell, and cognitive disorder, causing permanent total (100%) disability. The WCJ found that the applicant’s injury caused permanent total disability on two separate grounds. First, the WCJ found that the applicant’s disability constituted “an injury to the brain resulting in incurable mental incapacity or insanity” which is “conclusively presumed to be total in character” pursuant to Labor Code section 4662(d). Second, the WCJ found that vocational expert testimony rebutted applicant’s scheduled disability rating by establishing that applicant was unable to compete in the open labor market. Defendant contends that the WCJ erred in finding that applicant’s industrial injury caused permanent total (100%) disability. We have received a short answer from the applicant, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report). We have read and considered the documentary evidence, the WCJ’s Summary of Evidence, and a transcript of applicant’s trial testimony. , The WCJ erred in finding that applicant’s injury caused permanent total disability. We will therefore grant reconsideration, rescind the Findings, Award and Orders of July 5, 2012, and
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