CITY OF SAN DIEGO, PERMISSIBLY SELF-INSURED, SANDRA SMULLEN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASANDRA SMULLEN, Applicant,vs.CITY OF SAN DIEGO, PERMISSIBLY SELF-INSURED, ( Defendant(s).Case No. ADJ1099369 (SDO 0330910)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the April 16, 2009 Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found, in pertinent part, that applicant, while employed as a police officer on November 25, 2003, sustained industrial injury to her back, causing 35 percent permanent disability, utilizing the 2005 permanent disability rating schedule.. Applicant contends the permanent disability finding is incorrect because the WCJ erred in determining that the 2005 permanent disability rating schedule applies in this case. We have considered the Petition for Reconsideration and defendant’s Answer, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. For the reasons discussed below, we will grant applicant’s petition for reconsideration, amend the findings on permanent disability and attorney’s fees to reflect application of the 1997 rating schedule, and otherwise affirm. Applicant sustained an admitted injury to her back on November 25, 2003, and defendant furnished medical treatment. Her primary treating physician was Dr. Schiffman. The parties stipulated that “the AME report of Dr. Raiszadeh dated March 6, 2007 rates at 56 percent under the 1997 rating schedule and 35 percent under the AMA Guides.” (Minutes of Hearing Summary of , Evidence, p. 2.) They also stipulated that there is no apportionment. Applicant claimed that Dr. Schiffman’s pre-2005 reports indicated the existence of permanent disability. The WCJ summarized those re
