CAL TRANS; SCIF STATE EMPLOYEES ROHNERT PARK, KAREN LAUDERBACH, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKAREN LAUDERBACH, Applicant,vs.CAL TRANS; SCIF STATE EMPLOYEES ROHNERT PARK, Defendant(s).Case No. ADJ3982008 (OAK 0323680)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of the Findings and Award of September 30, 2009, in which the workers’ compensation judge (WCJ) found, in relevant part, that applicant, while employed as an assistant administrator during the cumulative trauma period ending July 28, 2005, sustained industrial injury to her bilateral upper extremities, causing permanent disability of 39%. In addition, the WCJ found that “the injured worker did not lose 100% of her future earning capacity” but “did successfully rebut the presumption of the DFEC [Diminished Future Earning Capacity]…” Applicant contends that the totality of evidence, including applicant’s testimony, the medical evidence, and the deposition testimony of Dr. Robert Cottle, DFEC expert, justifies a finding of 100% permanent disability. Applicant also contends that she is entitled to an additional 15% permanent disability indemnity under Labor Code section 4658(d)(2). Defendant filed an answer. The WCJ submitted a Report and Recommendation. Applicant filed a reply to the WCJ’s Report, in violation of WCAB Rule 10848. (8 Cal. Code Regs. §10848, WCAB Rules of Practice and Procedure.) Applicant is admonished to follow the Board’s Rules in future proceedings./// , Based on our review of the record and applicable law, we conclude that the WCJ would have been justified in issuing a finding of 31% permanent disability in accordance with the medical opinion of the Agreed Medical Evaluator (AME). However, the evidence does not justify a finding of total permanent disability as claimed by the applicant. Therefore, we will deny applicant’s petition for reconsideration. In he
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