Sunrise Mushrooms, Inc.; State Compensation Insurance Fund, Michael Mayo, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHAEL MAYO,Applicant,vs.SUNRISE MUSHROOMS, INC.; STATE COMPENSATION INSURANCE FUND,Defendants.Case No. ADJ3010489 (SAL 0105858)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant, Sunrise Mushrooms, Inc., by and through its insurer, State Compensation Insurance Fund, seeks reconsideration of the Amended Findings and Award, issued August 1, 2017, in which a workers’ compensation administrative law judge (WCJ) amended his June 26, 2017 Findings and Award, to find applicant Michael Maya sustained permanent total disability, after apportionment, as a result of anApril 26, 2001 industrial injury to his neck, cervical spine, lumbar spine and psyche, while employed as a maintenance supervisor. Defendant contests the WCJ’s finding that applicant is permanently totally disabled, contending, first, that the June 3, 2016 report of Dr, Clayman, upon which the WCJ relied for his permanent disability and apportionment findings, is not substantial medical evidence because Dr. Clayman failed to consider evidence that applicant’s condition improved as a result of a functional restoration program, and because he did not correctly apportion the cause of applicant’s industrial disability. Second, defendant contends the WCJ erred in relying upon the reports of Dr. Giallo to determine the extent of applicant’s disability from his injury to his psyche, because the doctor failed to justify an increase in applicant’s disability subsequent to applicant’s completion of the functional restoration program, and he did not properly justify his opinion that there was no apportionment of applicant’s psyche permanent disability. Finally, defendant contends the WCJ erred in adding the permanent disability from the neck and back, resulting in improper pyramiding of disabilities. Defendant asserts that the WCJ should have used the Multiple
