KNOLLS ASSOCIATES, LLC; and STATE COMPENSATION INSURANCE FUND, GABRIEL VALDEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGABRIEL VALDEZ, Applicant,vs.KNOLLS ASSOCIATES, LLC; and STATE COMPENSATION INSURANCE FUND, Defendant.Case No. ADJ2472893 (MON 0312714)OPINION AND ORDER DENYING RECONSIDERATION Defendant seeks reconsideration of the Findings of Fact of April 14, 2009, wherein the workers’ compensation judge (WCJ) found, in essence, that applicant sustained an admitted industrial injury to his back, right upper extremity, left hip, pelvis, and eyes on November 5, 2003, while employed by Knolls Associates, State Compensation Insurance Fund’s insured on the date of injury, and that the extent of permanent disability caused by the injury is to be determined pursuant to the 1997 Schedule for Rating Permanent Disabilities (1997 Schedule). In the Opinion on Decision in support of the disputed Findings of Fact, the WCJ explained that the May 4, 2004 comprehensive medical-legal report of Jay J. Richlin, M.D., an ophthalmologist, indicates the existence of permanent disability, within the meaning of Labor Code section 4660(d)1, and, therefore, the 1997 Schedule applies. Defendant contends that the 2005 Schedule for Rating Permanent Disabilities (2005 Schedule) applies to determine the extent of permanent disability, arguing that Dr. Richlin’s report is not substantial evidence of the existence of permanent disability because he stated that applicant’s visual acuity was not affected by the injury and that his “refractive error” and need for bifocals was not caused or aggravated by the injury. Applicant did not file an answer to defendant’s petition for reconsideration. 1All further statutory references are to the Labor Code, unless otherwise noted. , I. We have considered the allegations made in the petition for reconsideration, as well as the content of the WCJ’s Report and Recommendation. Based o
