Mariner Post Acute Network; Inglewood Health Care Center, Insured by American Home Assurance Company, Administered by Chartis Inc Marlene Chan WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARLENE CHAN, Applicant,vs.MARINER POST ACUTE NETWORK; MARINER POST ACUTE NETWORK; Insured by AMERICAN HOME ASSURANCE COMPANY, Administered by CHARTIS INC, Defendants.Case Nos. ADJ2148955 (LAO 0809167) ADJ4462493 (LAO 0809166)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant, American Home Insurance Company, on behalf of its insured, Inglewood Health Care Center, seeks reconsideration of the Joint Findings and Award, issued June 22, 2011, in which a workers’ compensation administrative law judge (WCJ) found applicant, Marlene Chan, sustained 100% permanent disability as a result of her March 12, 2002 industrial injury to her low back and psyche while employed as a certified nurses assistant. The WCJ also found applicant sustained 7% permanent disability as a result of a cumulative trauma injury to her cervical spine, left shoulder and left knee over the period March 27, 2002 through April, 2002. Defendant contests the WCJ’s determination that applicant is totally permanently disabled as a result of her March 12, 2002 specific injury, contending the reports of Dr. Preston, the court-appointed regular physician upon whom the WCJ relied, do not constitute substantial medical evidence, because his finding of psychiatric disability does not follow the causation of applicant’s orthopedic disability. Defendant further contests the finding that applicant is entitled to 7% permanent disability arising from her cumulative trauma injury, after finding her 100% permanently disabled in the specific injury case, arguing that since both injuries caused applicant’s disability, she cannot receive more than 100% permanent disability. Applicant has filed an answer to defendant’s petition. As there has been no finding that
