Hertz Car Sales, And Aig, Adjusted By Cambridge Integrated Services Joseph Baglione WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSEPH BAGLIONE, Applicant,Vs.HERTZ CAR SALES, and AIG, Adjusted by CAMBRIDGE INTEGRATED SERVICES, Defendant(s). Case No. SJO 0251644OPINION AND DECISION AFTER RECONSIDERATION (EN BANC) The Appeals Board granted reconsideration in this matter to allow time to study the record and applicable law. Because of the important legal issue presented under Labor Code section 4660(d)1 as enacted by Senate Bill 899 (SB 899),2 regarding the application of the new permanent disability rating schedule (PDRS) effective January 1, 2005, to the pre-2005 injury in this case, and in order to secure uniformity of decision in the future, the Chairman of the Appeals Board, upon a majority vote of its members, assigned this case to the Appeals Board as a whole for an en banc decision (Lab. Code, §115).3 For the reasons discussed below, we hold that because a comprehensive medical-legal report issued in this case prior to January 1, 2005, the former PDRS applies under section 4660(d), whether or not the comprehensive medical-legal report indicates the existence of permanent disability. 1 Unless otherwise indicated, all further statutory references are to the Labor Code.2 Stats. 2004, ch. 34, §32.3 The Appeals Board’s en banc decisions are binding precedent on all Appeals Board panels and workers’ compensation administrative law judges (WCJ). (Cal. Code Regs., tit. 8, §10341; Gee v. Workers’ Comp. Appeals Board (2002) 96 Cal.App.4th 1418, 1425, fn. 6 [67 Cal.Comp.Cases 236, 239, fn. 6; see also Govt. Code, §11425.60(b)].) Unless otherwise noted, all further statutory references are to the Labor Code. , BACKGROUND In the Findings and Award issued on October 23, 2006, the WCJ found that applicant, while employed as a car salesman on June 18, 2003, sustained industrial injury to his low back causing permanent di
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