Sebastopol Unified School District, Permissibly Self-Insured, Administered By Redwood Empire Schools Insurance Group Woldeslassie Habteslassie WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWOLDESLASSIE HABTESLASSIE, Applicant,vs.SEBASTOPOL UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Administered By REDWOOD EMPIRE SCHOOLS INSURANCE GROUP, Defendants.Case No. ADJ5686973 OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings, Award & Order issued by a workers’ compensation administrative law judge (WCJ) on May 20, 2011, wherein the WCJ found that applicant, while employed as a custodian on August 25, 2000, sustained industrial injury to his right knee, causing 5% permanent disability after apportionment and a need for further medical treatment. Defendant contends the WCJ should have found 16% permanent disability after apportionment because: (1) under the 1997 Schedule for Rating Permanent Disabilities (1997 Schedule), an injured employee’s permanent disability rating should be based on either the work restrictions or the subjective and objective factors of disability, whichever is higher; and (2) the subjective and objective factors of disability described by James O’Hara, M.D., the panel qualified medical evaluator (PQME), rate higher than the work preclusions upon which the 5% rating was based. We have considered the Petition for Reconsideration (Petition) and we have reviewed the record in this matter. No answer was received. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be granted and the Award amended to correct an error in the permanent disability award. For the reasons set forth herein, we will grant reconsideration, defer the finding of permanent disability, and return the matter to the trial level WCJ for a new decision on that issue. , Defendan
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