Controlled Climate Construction, Inc., State Compensation Insurance Fund Luis Alvarez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALUIS ALVAREZ, Applicant,vs.CONTROLLED CLIMATE CONSTRUCTION, INC.,STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ3603544 (MON 0328878)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the March 29, 2010 Findings and Award wherein the workers compensation administrative law judge (WCJ) found that the applicant sustained an industrial injury to his left ankle, psyche and internal organs on August 19, 2004, that caused permanent disability of 64%. Applicant contends that the WCJ erred in awarding 64% permanent disability, arguing that the 1997 Schedule for Rating Permanent Disabilities applies to this injury. We have considered the Petition for Reconsideration and we have reviewed the record in this matter. We have not received an answer from defendant. The WCJ prepared a Report on Reconsideration (Report), recommending that we deny reconsideration. For the reasons discussed below, we will grant reconsideration, rescind the Findings and Award, and return the matter to the trial level for further proceedings and a new decision. On August 19, 2004, the applicant was working on a scissor lift which malfunctioned. At the time the lift malfunctioned, the applicant was standing on his left foot and he sustained a fracture and dislocation of the left ankle. The applicant was brought to the emergency room and an open reduction procedure was performed on his left ankle on August 20, 2004. (Applicant’s Exhibit 1.) The surgeon described his postoperative diagnoses as: “1. Complete rupture and tear of , the medial collateral ligament “deltoid ligament,” deep and superficial. 2. Lateral and posterior dislocation of the ankle with lateral shift of the talus and lateral malleolus. 3. Fracture of the posterior malle
