Parole & Community Services, State Of California/Department Of Corrections; State Compensation Insurance Fund, adjusting agency Lamberta Amante WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALAMBERTA AMANTE, Applicant,vs.PAROLE & COMMUNITY SERVICES, STATE OF CALIFORNIA/DEPARTMENT OF CORRECTIONS; STATE COMPENSATION INSURANCE FUND, adjusting agency, Defendants.Case No. ADJ7270154OPINION AND DECISION AFTER RECONSIDERATION On July 1, 2011, the Workers’ Compensation Appeals Board (WCAB) granted reconsideration to further study the factual and legal issues. This is our decision after reconsideration. In the Findings and Award and Order of April 21, 2011, the workers’ compensation judge (WCJ) found, in relevant part, that on April 28, 2010, applicant sustained industrial injury to her right shoulder and cervical and lumbar spine, that applicant became permanent and stationary (P&S) on August 18, 2010, and that the injury caused permanent disability of 25%, with permanent disability indemnity payable at $230.00 per week for 100.75 weeks totaling $23,172.50, subject to adjustment pursuant to Labor Code section 4658(d) and Administrative Director Rule 9813.2(b). Applicant sought reconsideration of the WCJ’s decision, contending, in substance, that the WCJ erred in applying Labor Code section 4658(d) to decrease applicant’s permanent disability award, absent evidence that defendant issued a proper notice of offer to return to work. The WCJ submitted a Report and Recommendation. Applicant filed a response to the WCJ’s Report. We reject the response because it is an improper supplemental petition. (See Cal. Code Regs., tit. 8, § 10848, WCAB Rules of Practice and Procedure.) We begin by noting that although Labor Code section 4658(d) was not specifically raised at the Mandatory Settlement Conference (MSC) or at trial in this matter, the issues of permanent disability and , apportionment were raised, and t
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