INNS OF THE MONTEREY PENINSULA; STATE COMPENSATION INSURANCE FUND, MARGARET YOUNG, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARGARET YOUNG, Applicant,vs.INNS OF THE MONTEREY PENINSULA;STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ4430715 (SAL 0105825)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Findings and Award of October 29, 20081, wherein the WCJ found that, while employed as a front desk clerk on December 26, 2003, applicant sustained admitted industrial injury to her left knee causing permanent disability of 27% and the need for further medical treatment. In finding permanent disability of 27%, the WCJ found that permanent disability was not subject to ii apportionment to non-industrial factors. Defendant contends that the WCJ erred in finding permanent disability of 27%, arguing that the WCJ should have found apportionment of permanent disability to non-industrial factors. We have received an answer and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (“Report”). As explained below, we find that the defendant did not sustain its burden of showing that any of applicant’s permanent disability was caused by non-industrial factors. We will therefore deny the defendant’s petition for reconsideration. Applicant’s permanent disability rating was based on the medical opinion of agreed, 1The Findings and Award was amended on November 17, 2008 to correct a clerical error. Prior to this amendment, 71 permanent disability indemnity was erroneously awarded at the rate of $185 per week rather than the correct rate of $160 per week. , medical evaluator Steven D. Feinberg, M.D. Utilizing the American Medical Association Guides to the Evaluation of Permanent Impairment (“AMA Guides”), as mandated by Labor Code § 4660(b), Dr. Feinberg concluded that the applicant had a 50% lower
