CITY OF ESCONDIDO, Permissibly Self-Insured, administered by TRISTAR RISK MANAGEMENT, MELVIN E. ARGENT, JR., WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMELVIN E. ARGENT, JR., Applicant,vs.CITY OF ESCONDIDO, Permissibly Self-Insured, administered byTRISTAR RISK MANAGEMENT, Defendant.Case No. ADJ3189166 (SDO 0332332)OPINION AND DECISION AFTER RECONSIDERATION On August 4, 2008, we granted applicant’s petition for reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in this case. This is our decision after reconsideration. Applicant, while employed as a police officer from July 30, 1997, to July 30, 1998, sustained an industrial injury to both wrists resulting in 14% permanent disability (case number SDO 250523. The stipulated award appears to have been based on the medical report of Edward A. Venn-Watson, M.D., dated July 30, 1998, who stated that because of mild carpal tunnel syndrome in both wrists, applicant had “a prophylactic disability of no very heavy lifting bilaterally” (Exhibit X, page 6). In the present case (case number SDO 332332), applicant, while employed as a police officer from July 31, 1998, through February 10, 2005, sustained an industrial injury to both upper extremities. In a Findings, Award and Order dated April 23, 2008, the workers’ compensation administrative law judge (WCJ) found that applicant’s permanent disability prior to apportionment is 21% and 7% after apportionment, after subtracting the 14% award in case number SDO 250523. The 21% rating was based upon the medical reports of Jeffrey P. Bernicker, M.D., who evaluated applicant’s impairments based upon the American Medical Association Guides to the Evaluation of Permanent Impairment (5th Edition) (AMA Guides). The WCJ stated in his Opinion on , Decision that he subtracted applicant’s prior award pursuant to the requirement of Labor Code section 4664.1Section 4664(b) provides: “If the appli
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