State Of California Department Of Corrections and Rehabilitation; State Compensation Insurance Fund Paul Matheny WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPAUL MATHENN, Applicant,vs.STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ1298814 (SBR 0335316)OPINION AND DECISION AFTER RECONSIDERATION In order to further study the factual and legal issues in this case, on March 26, 2010. we granted defendant’s petition for reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings & Award of January 6, 2010, wherein it was found that applicant sustained new and further disability in the form of industrial injury to the lumbar spine and psyche as a compensable consequence to an October 6, 2004 industrial injury to the right eye. Previously, in a stipulated award of December 19, 2006, it was found that, while employed as an inmate laborer on October 6, 2004, applicant sustained industrial injury to his right eye. causing permanent disability of 25%. In the Findings & Award of January 6, 2010 presently under review, the WCJ found that the 1997 Schedule for Rating Permanent Disabilities applies to the applicant’s permanent disability. The issues of new and further disability in the form of injury to the neurological system, headaches, loss of balance, and further impairment of the eyes was deferred, as were the issues of permanent disability, apportionment, further medical treatment, and attorney’s fees. Defendant contends that the WCJ erred in (1) finding new and further disability in the form of industrial injury to the psyche, arguing that applicant’s claim fir injury to the psyche is barred , by Labor Code section 3208.3(j) and in (2) finding that the 1997 Schedule for Rating Permanent Disabilities, rather than the 2005 Schedule. applies to rating the applicant’s permanent disability. We have not received an answer, and the WCJ has filed
