Village Retreat; State Compensation Insurance Fund Rhonda Bauwens WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARHONDA BAUWENS, Applicant,vs. VILLAGE RETREAT; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. SRO 116945OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Applicant seeks reconsideration of a Findings and Award issued by a workers’ compensation administrative law judge (“WCJ”) on October 24,2007. The WCJ found that, while employed as a caregiver on July 7,2001, applicant sustained admitted industrial injury to her spine and her psyche. Although the WCJ deferred the issue of permanent disability, he found that the new 2005 Schedule for Rating Permanent Disabilities C’2005 Schedule”) applied to any permanent disability caused by the applicant’s industrial injury. Applicant contends that the WCJ erred in finding that the 2005 Schedule, rather than the 1997 Schedule for Rating Permanent Disabilities (“1997 Schedule”), applies to applicant’s permanent disability.1 We have not received an answer and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (“Report”). As explained below, we find that the’ evidentiary record in this case contains a comprehensive medical-legal report in existence prior to January 1, 2005 indicating the existence of permanent disability. Therefore, we find that, pursuant to Labor Code § 4660(d), the 1997 Schedule is applicable to the applicant’s permanent disability. We will therefore grant [size=1]1 [/size][size=1]Despite the fact that the WCJ did not make a finding regarding the level of applicant’s permanent disability, the question of whether the 1997 Schedule or the 2005 Schedule applies to a case “is ‘fundamental,’ ‘critical,’ and ‘basic’ to [an applicant’s] claim for permanent disability benefits,” and thus is treated as a final order subject to reconsideration. ([/size][size=1]Aldi v. Carr, McClellan, Ingersoll. Thompson & Horn[/
