SUBSEOUENT INJURIES BENEFITS TRUST FUND, LUPE MARTINEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALUPE MARTINEZ, Applicant,vs.SUBSEOUENT INJURIES BENEFITS TRUST FUND, Defendant.Case No. ADJ811330 (SJO 0259878)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION The Subsequent Injuries Benefits Trust Fund (SW) seeks reconsideration of the July 28, 2009 Findings and Award of the workers’ compensation administrative law judge (WCJ), wherein it was found that applicant incurred industrial injury to his bilateral shoulders, bilateral upper extremities, bilateral lower extremities, cervical spine and lumbar spine during the period of his employment through March 7, 2004, while employed as a supervisor by Santa Clara County Fairgrounds, and that his subsequent industrial injury caused 80% permanent disability based upon a standard rating before adjustment of age or occupation of more than 35%, and that before the subsequent industrial injury, applicant had sustained permanent partial disability from headaches/vertigo, cardiac, hernia – abdominal weakness, prostatism and psyche that, when combined with his disability from the subsequent industrial injury” resulted in combined permanent disability of 100%. Based upon these findings and the rating of applicant’s permanent disability using the 1997 Permanent Disability Rating Schedule (1997 PDRS) instead of the 2005 Permanent Disability Rating Schedule (2005 PDRS), applicant was awarded benefits from the SIF. Applicant’s claims of industrial injury as described above were earlier addressed on November 2, 2007 by entry of a stipulated award of 80% permanent disability. SIW contends that the 2005 PDRS should have been used to rate applicant’s permanent , disability, that applicants permanent disability does not meet the threshold for the award of SIF benefits, that the WCJ should not have been allowed applicant to place the reporting of more than one psychi
