State of California Department of Mental Health, legally uninsured, adjusted by State Compensation Insurance Fund Lester Wiley WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALESTER WILEY, Applicant,vs.STATE OF CALIFORNIA DEPARTMENT OF MENTAL HEALTH, legally uninsured,adjusted by STATE COMPENSATION INSURANCE FUND, Defendant.Case No. ADJ3219376 (MON 0312217)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISIONAFTER RECONSIDERATION Defendant seeks reconsideration of the January 29, 2010 Findings and Award (And Order) of the workers’ compensation administrative law judge (WCJ), who found that applicant incurred industrial injury to his “low back, right shoulder, psyche, bilateral knees, internal and upper respiratory tract” during the period of his employment from 1998 to October 21, 2003, causing 73% permanent disability after apportionment and a need for future medical treatment. The WCJ also noted the parties’ stipulation that the 1997 Permanent Disability Rating Schedule (1997 PDRS) applies to the rating of the permanent disability caused by applicant’s injury herein. This case was previously before the Appeals Board. In our October 20, 2009 Opinion and Order Granting Reconsideration and Decision After Reconsideration (Decision After), which is incorporated by this reference, we granted defendant’s petition for reconsideration of the WCJ’s earlier August 4, 2009 Findings and Award (And Order), rescinded that decision and returned the case to the trial level “for a new decision that identifies the rating schedule used to rate applicant’s permanent disability and explains how the permanent disability was rated.”1 Defendant contends that applicant’s permanent disability was again not properly rated 1 Commissioner Brass was subsequently appointed to replace former Commissioner Aghazarian on the panel. , because the WCJs 8% rating of permanent disability caused by the injury to applicant’s knees based upon subjective factors of i
