STATE OF CALIFORNIA DEPARTMENT OF MOTOR VEHICLES Legally Uninsured STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES Adjusting Agency SHERIEE BORELA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHERIEE BORELA, Applicant,vs.STATE OF CALIFORNIA, DEPARTMENT OFMOTOR VEHICLES, Legally Uninsured;STATE COMPENSATION INSURANCEFUND/STATE CONTRACT SERVICES,Adjusting Agency, Defendants.Case No. ADJ7181658(Oakland District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Defendant, State of California, Department of Motor Vehicles, legally uninsured, seeks reconsideration of the Findings and Award, issued February 24, 2014, in which a workers’ compensation administrative law judge (WCJ) found applicant Sheriee Borela sustained 73% permanent disability as a result of a May 29, 2009 industrial injury to her neck, back, chest, face, knees and psyche, while employed as a Licensing Examiner. Defendant challenges the WCJ’s rating of applicant’s permanent disability, contending the WCJ erred in instructing the Disability Evaluation Unit to combine the ratings for applicant’s orthopedic and psychiatric impairments “in an additive fashion,” rather than instructing the rater to use the method for combining ratings provided in the Combined Values Chart of the 2005 Schedule for Rating Permanent Disabilities. Applicant has filed an answer to defendant’s petition, and the WCJ has prepared a Report and Recommendation on Petition for Reconsideration. Following our review of the record, and for the reasons set forth below, we shall grant reconsideration, rescind the Findings and Award and return this matter for a new permanent disability rating utilizing the Combined Values Chart (CVC) of the 2005 Schedule for Rating Permanent Disabilities./ / / , I. Applicant was injured in a motor vehicle accident May 29, 2009, while working as a Licensing Examiner by the Department of Motor
