NATIONWIDE INSURANCE; EMPLOYERS INSURANCE OF WAUSAU, MARK R. COLLEN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARK R. COLLEN, Applicant,vs.NATIONWIDE INSURANCE; EMPLOYERS INSURANCE OF WAUSAU, Defendants.Case No. ADJ1703053 (SAC 0259091)OPINION AND DECISION AFTER RECONSIDERATION This matter is before us on applicant’s petition for reconsideration. The petition was granted on July 9, 2007 to further develop the record.1 Pursuant to Labor Code section 5701, we appointed as a “regular” physician Roy Curry, M.D. to perform a psychiatric evaluation of Mark Collen (applicant) and submit a report detailing, among other things, the factors of permanent disability. Applicant sustained industrial injury to his low back and psyche on August 30, 1995. Dr. Curry examined applicant on September 17, 2007 and issued his report dated September 19, 2007. After receipt of Dr. Curry’s report, we issued on November 21, 2007 a notice of intention to admit the report into evidence and submit the matter for a decision. At the request of applicant, Dr. Curry was deposed on July 10, 2008 and a copy of the transcript was submitted to the Appeals Board. In addition, the Appeals Board received a supplemental report from Dr. Curry dated December 30, 2008 that addressed apportionment. On February 26, 2009, amended on March 25, 2009, we issued another notice of intention to admit into evidence Dr. Curry’s reports and deposition testimony and submit the matter for a 1After granting reconsideration, this matter had to be re-assigned to a new Appeals Board panelist since prior panelist, Commissioner William K. O’Brien, was no longer sitting as a Commissioner. , decision. Subsequently, we obtained from the Disability Evaluation Unit (DEU) a recommended permanent disability rating based on rating instructions and by use of the pre-2005 Disability Rating Schedule that included the factors of disability described by Dr. Curry and neurologist Donald L. Ansel, M
