STATE OF CALIFORNIA, BOARD OF EQUALIZATION; STATE COMPENSATION INSURANCE FUND, et al., ERMA LESTER, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAERMA LESTER, Applicantvs.STATE OF CALIFORNIA, BOARD OF EQUALIZATION; STATE COMPENSATION INSURANCE FUND, et al., Defendant(s).Case Nos.ADJ1329427 (MON 0225201)ADJ4442180 (MON 0225200)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER BOARD OF RECONSIDERATION Defendant seeks reconsideration of the Supplemental Findings and Award and Order of October 23, 2008, in which the workers’ compensation law judge (WCJ) found, in relevant part, that on October 16, 1992, and during the period March 1988 through January 2, 1996, applicant sustained industrial injury to her bilateral upper extremities and back, that applicant’s industrial injuries were the causative agent in the resulting diagnosis of fibromyalgia, that applicant is entitled to an award of temporary disability indemnity for the period October 17, 1992 through October 29, 1994 and March 1, 1996 through May 14, 1999, that applicant is entitled to a permanent disability award of 100%, that applicant is entitled to an undivided award for the combined permanent disability caused by the two industrial injuries herein, and that there is no basis for a finding that any portion of applicant’s permanent disability is due to non-industrial factors. Defendant contends, in substance, that based on the May 28, 2008 deposition of Dr. 23, Nagelberg and Benson v. The Permanente Medical Group (2007) 72 Cal. Comp. Cases 1620 [Appeals Board en banc], applicant is entitled to two awards of 50% permanent disability. Defendant further contends that attorney’s fees should be calculated based on two 50% awards. Applicant filed an answer. , After our prior decision of March 5, 2008, this matter returned to the trial calendar on July 16, 2008. At that time, the deposition of Dr. Nagelberg dated May 28, 2008 was admitted into eviden
