DIETRICH INDUSTRIES; ST. PAUL/TRAVELERS INSURANCE COMPANY, OSCAR G. SANCHEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAOSCAR G. SANCHEZ, Applicantvs.DIETRICH INDUSTRIES; ST.PAUL/TRAVELERS INSURANCE COMPANY, Defendants.Case No. ADJ2737564 (SBR 0322205)OPINION AND ORDER DENYING RECONSIDERATION Applicant, Oscar Sanchez, seeks reconsideration of the Opinion and Order Granting Reconsideration and Decision After Reconsideration, issued August 31, 2009, in which we granted defendant, Travelers Property Casualty Company’s petition for reconsideration and reversed the June 9, 2009 Findings, Award and Order. In that decision, a workers’ compensation administrative law judge (WCJ) determined that applicant’s permanent disability from his admitted cumulative trauma injury, over the period ending April 2, 2004, should be rated under the 1997 Permanent Disability Rating Schedule (PDRS), finding the August 25, 2004 medical-legal report by defendant’s Otolaryngologist, Dr. Paul Goodman, satisfied the criteria for application of the old schedule. In our Decision After Reconsideration, we found there was not a comprehensive medical- legal report or a report by a treating physician “indicating the existence of permanent disability,” prior to January 1, 2005, to justify the WCJ’s finding of an exception to the use of the 2005 PDRS for rating applicant’s permanent disability. We concluded that the report of Dr. Goodman does not qualify for the exception under Labor Code section 4660(d), as he does not find any permanent disability from applicant’s injury to his hearing. , Applicant contests our determination that the 2005 permanent disability rating schedule is applicable to this case. Applicant argues that we erred in concluding the report of Dr. Goodman, wherein he states applicant “has no ratable hearing disability at this time,” does not indicate the existence of permanent disability caused by his injury to his hearing. Applicant argu
