Kaiser Permanenteikaiser Foundation Hospital; And Kaiser Foundation Health Plan Roseanne Guild WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROSEANNE GUILD, Applicant,vs.KAISER PERMANENTEIKAISER FOUNDATION HOSPITAL; and KAISER FOUNDATION HEALTH PLAN, Defendant(s).Case Nos. SFO 0409187; SFO 0409188OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION AND GRANTING RECONSIDERATION ON BOARD MOTION Defendants, Kaiser Permanente/Kaiser Foundation Hospital and Kaiser Foundation Health Plan, have filed a petition seeking reconsideration of the Findings, Award in Orders issued by the workers’ compensation administrative law judge (WCJ) on May 31, 2007. In that decision, the WCJ found that applicant, Roseanne Guild, while employed as a registered nurse on February 17, 1996, sustained industrial injury to her low back and, thereafter, to her psyche as a compensable consequence. In relevant part, the WCJ further found that applicant’s injury caused permanent total disability (i.e., 100%) and that applicant’s permanent disability is not subject to apportionment. With respect to the issue of whether Rodney Stairs is entitled to remuneration for home health-care services, the WCJ determined that the record “is insufficient to determine” this issue and he expressly ordered that this issue be deferred. In its petition for reconsideration, defendant contends, in substance: (1) that it was error to find 100% overall permanent disability because the WCJ acknowledged that, under the Multiple Disability Tables, applicant’s overall permanent disability rates only 99% and because applicant did not present any vocational rehabilitation expert evidence establishing that her inability to compete in the open labor market results in disability greater than 99%; (2) that the WCJ should have apportioned to causation under Labor Code section 4663 based upon the opinion of Dominic , Tse, M.D., lhe agreed medical examiner (AME) in orthopedics, who opined lhal appl
