CURTIN AIR FREIGHT, INC. and STATE COMPENSATIN INSURANCE FUND, ROBERT RATTO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT RATTO, Applicant,vs.CURTIN AIR FREIGHT, INC. and STATE COMPENSATIN INSURANCE FUND, Defendant(s).Case No. ADJ744235 (SRO 0123276)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the Findings and Award of May 18, 2009, in which the workers’ compensation judge (WCJ) found that as a result of new and further disability, applicant sustained an industrial injury to his psyche, that there is good cause to reopen the prior Award of permanent disability, that applicant’s injuries have not combined to cause any overall increase in the permanent disability previously awarded, and that applicant is entitled only to further medical treatment for the psyche injury. Applicant contends, in substance, that the medical evidence justifies a finding that applicant’s back condition has worsened and has resulted in permanent disability of 69%, and that this disability combined with the psychiatric permanent disability of 13% entitles applicant to an overall permanent disability award of 73%. Defendant filed an answer. The WCJ submitted a Report and Recommendation (“Report”) Applicant sustained an industrial injury to his low back on February 18, 2003. The parties agreed to Dr. Miles as their Agreed Medical Evaluator (AME) in orthopedic medicine. In a report dated January 19, 2004, Dr. Miles opined that applicant was precluded from light work. Discussing pre-SB 899 apportionment, the doctor also stated that absent the industrial injury, avapplicant would have had a preclusion from very heavy lifting. However, it appears that , apportionment was not factored into the first Stipulated Award, approved on April 12, 2004. In that Award, the parties stipulated that applicant sustained permanent disability of 44%. On October 11,
