NEW UNITED MOTORS MANUFACTURING; GALLAGHER BASSETT SERVICES, WILLIAM T. CHERNISS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWILLIAM T. CHERNISS, Applicant,vs.NEW UNITED MOTORS MANUFACTURING; GALLAGHER BASSETT SERVICES, Defendants,Case No. ADJ3438931 (OAK 0302629)ADJ3511391 (OAK 0319788)OPINION AND DECISION AFTER RECONSIDERATION On February 23, 2009, we granted defendant’s petition for reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in this case. This is our decision after reconsideration. Applicant, while employed as an auto worker on January 22, 2003, sustained an industrial injury to his right and left hips (ADJ3438931/OAK 302629). He received a stipulated Award of 23% permanent disability on July 28, 2004. He filed a timely petition to reopen. In the Findings, Award and Order dated November 26, 2008, the workers’ compensation administrative law judge (WCJ) found that there was good cause to reopen and that applicant’s permanent disability was 63%. Applicant also sustained an industrial injury to his low back during a cumulative period ending March 16, 2004 (ADJ3511391/OAK 319788). In a separate Findings, Award and Order dated November 26, 2008, the WCJ found that applicant’s permanent disability was 43%. Defendant filed a timely petition for reconsideration in both cases. Defendant contends that the WCJ should have found complete overlap between the back and hip permanent disabilities and that the back injury should have been rated under the 2005 Permanent Disability Rating Schedule , (2005 Schedule). Applicant has filed an answer. Applicant contends that there is no overlap between the. hip and back disabilities because former Labor Code section 47501 has been repealed. Applicant also contends that the 1997 Permanent Disability Rating Schedule (1997 Schedule) applies to the back injury because applicant’s condition because permanent and st
