HOME READY and OLD REPUBLIC INSURANCE COMPANY, adjusted by BROADSPIRE, JUAN RAMIREZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJUAN RAMIREZ, Applicant,vs.HOME READY and OLD REPUBLIC INSURANCE COMPANY, adjusted by BROADSPIRE, Defendant(s).Case No. ADJ4273529 (SJO 0259519)OPINION AND DECISION AFTER RECONSIDERATION On September 2, 2008, the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration to further study the factual and legal issues. This is our decision after reconsideration. In the Findings and Award of June 10, 2008, the workers’ compensation judge (WCJ) found, in relevant part, that on or about December 14, 2004, applicant, while employed as a painter-construction laborer, Occupational Group 380, sustained industrial injury to his right foot, right ankle, right knee, thoracic and lumbar spine, and psyche, that the injury caused permanent disability of 74%, rated pursuant to the 1997 Schedule for Rating Permanent Disabilities (PDRS), and that there is no basis for apportionment. Defendant sought reconsideration of WCJ’s decision, contending, in substance, that applicant’s injury was not sudden and extraordinary, so his claim of psychiatric injury is barred by the six-month employment requirement of Labor Code section 3208.3(d). Defendant further contended that applicant’s Occupational Group is 321, that the 2005 PDRS applies, and that the WCJ erred in not finding apportionment to non-industrial factors. Applicant filed an answer./// , We begin by noting that at the time of his injury of December 14, 2004, applicant had not been employed with this employer for at least six months. Labor Code section 3208.3(d) provides in relevant part: “Notwithstanding any other provision of this division, no compensation shall be paid pursuant to this division for a psychiatric injury related to a claim against an employer unless the employee has been emplo
