NEW IMAGE FOAM PRODUCTS INC.; EVEREST NATIONAL INSURANCE COMPANY, ROBERTO REYES, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERTO REYES, Applicant,vs.NEW IMAGE FOAM PRODUCTS INC.;EVEREST NATIONAL INSURANCE COMPANY, Defendant,Case No. ADJ1946553 (STK 183882)OPINION AND DECISION AFTER RECONSIDERATION We previously granted applicant’s petition for reconsideration of the July 2, 2008 Findings, Award and Orders of the workers’ compensation administrative law judge (WCJ), wherein it was found that applicant incurred industrial injury to his back on May 1, 2003, while employed by defendant as a laborer, causing a period of temporary disability, permanent disability of 10% without apportionment, and need for future medical treatment. In rating applicant’s permanent disability, the WCJ utilized the 2005 Permanent Disability Rating Schedule (2005 PDRS) instead of the 1997 Permanent Disability Rating Schedule (1997 PDRS). Applicant contends that the 1997 PDRS should have been used to rate his permanent disability instead of the 2005 PDRS. We have carefully reviewed the record and considered the allegations of applicant’s petition for reconsideration and the WCJ’s Report and Recommendation on Petition for Reconsideration (Report) with respect thereto. For the reasons stated by the WCJ in his Report, which is incorporated by this reference, we affirm the July 2, 2008 Findings, Award and Orders.//////////// , For the foregoing reasons, IT IS ORDERED as the decision after reconsideration of the Appeals Board that the July 2, 2008 Findings, Award and Orders of the workers’ compensation administrative law judge in STK 183882 is AFFIRMED. WORKERS’ COMPENSATION APPEALS BOARD ________________________________ JOSEPH M. MILLERI CONCUR,________________________________ ALFONSO J. MORESII Dissent,(See attached Dissenting Opinion.)________________________________ FRANK M. BRASSDATED AND
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