SALINAS VALLEY MEMORIAL, HOSPITAL, Permissibly Self-Insured, Administered By ACCLAMATION INSURANCE MANAGEMENT SERVICES, GUADALUPE BENAVIDES, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGUADALUPE BENAVIDES, Applicant, vs.SALINAS VALLEY MEMORIAL HOSPITAL, Permissibly Self-Insured,Administered By ACCLAMATION INSURANCE MANAGEMENT SERVICES, Defendants.Case No. ADJ3625409 (SAL 0119152)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant, Salinas Valley Memorial Hospital, permissibly self-insured, seeks reconsideration of the Findings and Award, issued July 2, 2009, in which a workers’ compensation administrative law judge (WCJ) found applicant, Guadalupe Benavides, sustained 19% permanent disability, without apportionment, as a result of a November 22, 2006 industrial injury to his right knee while employed as a maintenance worker/custodial. Defendant contests the finding that applicant was entitled to an unapportioned award of permanent disability, where the panel Qualified Medical Evaluator, Dr. Mays, upon whom the WCJ relied, concluded that 75% of applicant’s impairment is due to non-industrial and previous industrial injuries. Defendant argues that there should be apportionment to the pre-existing conditions that contributed to applicant’s need for total knee replacement. Applicant has filed an answer to defendant’s petition. Following our review of the record, and for the reasons set forth below, we shall grant reconsideration, rescind the Findings and Award and return this matter to the trial level for a new permanent disability rating based upon the apportionment findings of the panel QME. , I. Applicant sustained an admitted industrial injury to his right knee on November 22, 2006, while employed as a maintenance worker by Salinas Valley Memorial Hospital. At issue in this case was the extent of applicant’s permanent disability, and whether there should be apportionment to
