Ashley & J Pharmacy Corp, dba Ross Medical Pharmacy; Employers Compensation Insurance Company Martha Ponce WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARTHA PONCE, Applicant,vs.ASHLEY & J PHARMACY CORP, dba ROSS MEDICALPHARMACY; EMPLOYERS COMPENSATION INSURANCECOMPANY, Defendants.Case No. ADJ2630861 (LAO 0880530)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant, Martha Ponce, has filed a timely petition seeking reconsideration from the Opinion and Order Granting Reconsideration and Decision After Reconsideration, issued November 16, 2012, in which we granted defendant Employers Compensation Insurance Company’s petition for reconsideration from the August 30, 2012 Findings and Award to amend the permanent disability award to rescind the additional impairment awarded for a sleep disorder, which impairment we found was subsumed by the ratings for applicant’s orthopedic and psyche injuries. Applicant contends she is newly aggrieved by our Decision After Reconsideration, asserting we erred in finding the impairment caused by her sleep disorder was subsumed by her industrial psychiatric disability, whereas she asserts the evidence establishes her impairment is neurological and should have been separately rated. Applicant further contends we erred in finding her disability should be rated under occupational group number 560, whereas she contends the evidence establishes she had the additional occupational variant of 110, and that both group numbers should have been used since both functions were integral to her job. Defendant has filed an answer to applicant’s petition. With regard to applicant’s claim that we erred in rescinding the award of permanent disability for her sleep disorder, we shall deny applicant’s petition for the reasons set forth in our prior opinion. We re- affirm our determination that applicant’s impairment from her sleep disorder was fully described in the permanent disability rating for her
