GOLDEN GATE TRANSIT and CLAIMS MANAGEMENT INC., FRED HELBERG, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFRED HELBERG, Applicant,vs.GOLDEN GATE TRANSIT and CLAIMSMANAGEMENT INC., Defendant(s).Case Nos. ADJ4007151 (SRO 0117280)ADJ186062 (SRO 0118670)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATIONApplicant seeks reconsideration of the Joint Findings, Award and Order issued October 31, 2008, wherein the workers’ compensation administrative law judge (WCJ) found that applicant sustained an industrial injury on July 10, 2001 (SRO 118670/ADJ186062), and an industrial cumulative trauma “through July 10, 2001” (SRO 117280/ADJ4007151), to his bilateral knees while employed as a diesel mechanic resulting in 543/4 percent permanent disability in SRO 118670 and 181/4 percent disability in SRO 117280. The WCJ also found that “applicant’s permanent partial disability of 73 percent is apportioned 75 percent to the specific injury of July 10, 2001 and 25 percent to the CT injury through July 10, 2001. Apportionment is required pursuant to the Benson case.” Applicant contends that the WCJ erred by following Benson v. Permanente Medical Group (2007) (Appeals Board en banc), 72 Cal.Comp.Cases 1260, arguing that the Appeals Board did not follow the law as set forth in Wilkinson v. WCAB (1977), 19 Cal.3d 491, 42 Cal.Comp.Cases 406. As a result of not following Wilkinson, applicant contends that applicant’s permanent disability has been incorrectly calculated.Based upon our review of the record, we will rescind the Joint Findings, Award and Order issued October 31, 2008 and return this matter to the trial level pending the California Appeals Court’s decision in Benson v. Permanente Medical Group (1st Dist., Div. 2, A120462). , For the foregoing reasons, IT IS ORDERED that applicant’s Petition for Reconsideration is GRANTED. IT IS FURTHER ORDERED as the Appeals Board’s Decision After Reco
