Penske Truck Leasing And Old Republic Insurance Company Gary G. Ryan WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGARY G. RYAN, Applicant,vs. PENSKE TRUCK LEASING and OLD REPUBLIC INSURANCE COMPANY, Defendants.Case Nos. SFO 0483873; SFO 0483874;SFO 0483875; SFO 0483876;SFO 0364296; SFO 0364297;SFO 0491916OPINION AND DECISIONAFTER RECONSIDERATION On January 5, 2007, the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration1 to further study the facts and legal issues. This is our decision after reconsideration. In the Joint Findings and Award of October 11, 2006, the workers compensation administrative law judge (WCJ) found, in relevant part, that applicant sustained industrial injuries on February 8, 2000 to his left knee (SFO 0483876), on May 29,2003, consisting of a hernia (SFO 0483875), on January 23, 2004, to his low back (SFO 0483874), on May 17, 2004, to his left knee (SFO 0483873), and during a cumulative period ending on or about August 11, 2004, to his left knee and low back (SFO 0491916). The WCJ also found that the permanent disability rating schedule (PDRS) in effect prior to January 1, 2005 is applicable to rating the permanent disability caused by the injuries in SFO 0483873, SFO 0483874, SFO 0483875 and SFO 0491916, that the injuries in SFO 0483873, SFO 0484874, SFO 0483875 and SFO 0491916 combined to cause permanent disability of 81 %, that there is no apportionment under Labor Code section 4663, and [h3]1 [size=1]Merle C. Rabine concurred in the Opinion and Order Granting Reconsideration, but he is no longer a member of the Board, and it was necessary to assign another panel member in his place.[/size][/h3] , that apportionment of liability for permanent disability under Labor Code section 4664 is justified, by deducting prior awards of compensation totaling $21,686.00. Defendant sought reconsideration of the WCJ’s decision, contending that the WCJ improperly used the old
