Tampa bay Buccaneers;Nova Pro Risk Solutions, Formerly Ward north a Thomas Everett, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATHOMAS EVERETT,Applicant,vs.TAMPA BAY BUCCANEERS; NOVAPRO RISK SOLUTIONS, formerlyDefendant(s).Case No. ADJ313427 (ANA 0407708)OPINION AND ORDER GRANTING RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the April 21, 2010, Findings, Award and Order,wherein the workers’ compensation administrative law judge (WCJ) found that the applicant, whileemployed by the Tampa Bay Buccaneers from April 5, 1994 through December 21, 1995, sustained an industrial injury that caused 73.1% permanent disability. The WCJ found permanent disability in accordance with the permanent disability rating schedule in effect at the time of applicant’s injury. Defendant contends that the 2005 Permanent Disability Rating Schedule should be used torate applicant’s permanent disability, arguing that none of the exceptions to the application of the2005 rating schedule set forth in Labor Code section 4660(d) apply in this case. Defendant also contends that the reports of applicant’s qualified medical evaluators are inadmissible, arguing thatapplicant obtained qualified medical examinations before defendant’s claims administrator denied applicant’s claim. We have considered the Petition for Reconsideration and we have reviewed the record inthis matter. We have not received an answer from applicant. The WCJ prepared a Report on Reconsideration (Report), recommending that we deny reconsideration. For the reasons discussed below, we will grant reconsideration, rescind the April 21, 2010 , Findings, Award and Order, and return the matter to the trial level to determine which permanent disability rating schedule should be used and to rate applicant’s permanent disability, and, if necessary, for further development of the medical record. The applicant was employed as a professional football player by the Tampa Bay Buccaneers from A
