State of California, Department of Corrections and Rehabilitation, Wasco State Prison, Legally Uninsured Oliver Winston WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAOLIVER WINSTON, Applicant,vs.STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, WASCO STATE PRISON, Legally Uninsured, Defendant.Case No. ADJ1480768 (BAK 0141054)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the October 15, 2015 Findings of Fact and Award issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found that applicant sustained admitted industrial injury to his bilateral upper extremities while employed as a correctional officer during the period from October 1985 to December 22, 2002 causing 54% permanent disability and need for further medical treatment. The WCJ calculated the award of permanent disability using the April 1997 Schedule for Rating Permanent Disabilities (1997 Schedule). Defendant contends that the WCJ should have applied the January 2005 Schedule for Rating Permanent Disabilities (2005 Schedule). Applicant filed an Answer. The WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration. Based on our review of the record and for the reasons discussed below, we will grant reconsideration, amend the WCJ’s decision to defer the issues of permanent disability and attorney fees, and return this matter to the trial level in order to allow the WCJ to calculate the permanent disability award under the 2005 Schedule. Labor Code1 Section 4660(d) provides, in relevant part, that: 1 All further statutory references are to the Labor Code, unless otherwise noted. , [justify] For compensable claims arising before January 1, 2005, the schedule as revised[/justify][justify] pursuant to changes made in legislation enacted durin
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