CUPERTINO UNION SCHOOL DISTRICT, permissibly self-insured, administered by KEENAN and ASSOCIATES KATHERINE LAU WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKATHERINE LAU, Applicant,vs.CUPERTINO UNION SCHOOL DISTRICT, permissibly self-insured, administered byKEENAN and ASSOCIATES, Defendant.Case No. ADJ6879193(San Jose District Office)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTERRECONSIDERATION Defendant seeks reconsideration from the Findings and Award issued by a workers’ compensation administrative law judge (WCJ) on November 18, 2011, wherein the WCJ found that applicant, while employed as a teacher on June 10, 2004, sustained industrial injury to her neck, and that the injury caused permanent disability of 29%, rated under the 1997 Schedule for Rating Permanent Disabilities (PDRS), and a need for further medical treatment. Defendant contends that the WCJ erred in applying the 1997 Schedule, arguing that none of the exceptions in Labor Code section 4660(d)1 applies because there was no comprehensive medical-legal report in existence before January 1, 2005 and no pre-January 1, 2005 treating physician reports indicating permanent disability. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. Applicant filed an Answer. The WCJ has filed a Report on Reconsideration (Report), recommending that the Petition be denied. For the reasons set forth herein, we will grant reconsideration. and reverse the November 18, 2011 decision finding that applicant’s injury caused 29% permanent disability under the 1997 PDRS, as we conclude that there is no pre-2005 treating physician or medical- legal report indicating the existence of permanent disability. We will substitute an Order that the injury _______________________________________________1 Unless otherwise stated, all further statutory references are to the Labor Code. , caused 12% permanent disability under the 2005 PDR
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