City Of San Bernardino, Permissibly 9 Self-Insured Ernest Carmichael, Jr. WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAERNEST CARMICHAEL, JR., Applicant,vs.CITY OF SAN BERNARDINO, Permissibly Self-Insured, Defendant.Case No. ADJ460838OPINION AND DECISION AFTER RECONSIDERATION On February 8, 2010, the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration of the December 10, 2009 Findings and Award to further study the factual and legal issues. This is ourSecision after reconsideration. In the December 10, 2009 Findings and Award, the workers’ compensation administrative law judge (WCJ) found that the applicant, while employed during the period December 5, 1989 to August 12, 2004, sustained an industrial injury to both knees, his back, and his left shoulder that caused 62% permanent disability. Defendant contends that the WCJ erred in finding that the applicant sustained 62% permanent disability’, arguing that the WCJ’s decision is not supported by substantial medical evidence and that the WCJ should not have found disability in excess of the amount permitted by the 2005 Permanent Disability Rating Schedule. Defendant also argues that the WCJ should have considered applicant’s Veteran’s Administration disability benefits and social security benefits when determining applicant’s post-injury earnings. We have received an answer from the applicant and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report) recommending that defendant’s petitionbe denied. , As explained below, the WCJ did not adequately consider the causes of applicant’s postinjury earnings loss as required by our decisions in Ogilvie v. City and County of San Francisco (2009) 74 Cal.Comp.Cascs 248 (Appeals Board en banc) (Ogilvie I) and Ogilvie v. City and County of San Francisco (2009) 74 Cal.Comp.Cases 1127 (Appeals Board en banc) (Ogilvie If). Therefore, as our decision after recons
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