Compass Health, Inc.; Cna Claims Plus Temicka Williams WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATEMICKA WILLIAMS, Applicant,vs. COMPASS HEALTH, INC.;CNA CLAIMS PLUS, Defendants.Case No. GRO 32009OPINION AND DECISIONAFTER RECONSIDERATION On July 31, 2006, the Workers’ Compensation Appeals Board granted reconsideration to further study the factual and legal issues.1 This is our decision after reconsideration. In the Findings, Award and Orders of May 30, 2006, the workers’ compensation administrative law judge (WCJ) found that applicant’s industrial injury of October 25, 2004 resulted in permanent disability of 19%, that the disability is properly rated under the 2005 Permanent Disability Rating Schedule (PDRS), that the testimony of applicant’s vocational expert, Dr. Anne Wallace, does not rebut the recommended rating prepared by the disability evaluator, and that neither applicant nor defendant is liable for Dr. Wallace’s lien for the expense of her trial testimony. Applicant sought reconsideration of the WCJ’s decision, contending, in substance, that the 2005 PDRS does not apply to injuries before 2005, that the 2005 PDRS fails to meet the statutory requirement that the schedule be based upon the 2003 Rand Study and “empirical evidence,” that Dr. Wallace’s expert testimony regarding diminished future earning capacity (DFEC) rebuts the 2005 PDRS factors, and that under Labor Code section 5811, defendant is liable for the cost of Dr. Wallace’s expert testimony to rebut the schedule and to rebut defendant’s expert testimony._______________________________________1 [sub]Commissioner Janice Jamison Murray concurred in the Order Granting Reconsideration, but she is no longer a member of the Board, and it was necessary to assign another panel member in her place.[/sub] , Applicant sustained an admitted industrial injury to her low and mid-back on October 25, 2004. The matter proceeded to trial on January 18,
