Metropolitan State Hospital; State Compensation Insurance Fund Yolanda M. Pidech, WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAYOLANDA M. PIDECH, Applicant,vs.METROPOLITAN STATE HOSPITAL; STATE COMPENSATION INSURANCE FUND, Defendant(s),Case No. ADJ2360182 (MON 0334561); ADJ493129 (MON 0334562); ADJ3850358 (MON 0334563)OPINION AND DECISION AFTER RECONSIDERATION On November 30, 2009, the Workers* Compensation Appeals Board (Appeals Board) granted reconsideration of the September 17. 2009 Findings and Award to further study the factual and legal issues. This is our decision after reconsideration. In the September 17, 2009 Findings and Award, the workers* compensation administrative law judge (WCJ) found that the applicant, while employed on August 29. 2005, sustained an industrial injury to her left shoulder, right shoulder, psyche, lumbar spine, and cervical spine that resulted in 87% permanent disability. The WCJ also found th3i-:he applicant was temporarily disabled from September 28, 2007 to January 23, 2008. Defendant contends that the WCJ erred in finding that the applicant sustained 87% permanent disability, arguing that the WCJ incorrectly applied our decisions in Ogihie v. City and County of San Francisco (2009) 74 Cal.Comp.Cases 248 (Appeals Board en banc) (Ogilvie /) and Ogilvie v. City and County of San Francisco (2009) 74 Cal.Comp.Cases 1127 (Appeals Board en banc) (Ogilvie //). because applicant was temporarily totally disabled for most of the three years following her injury, it is inappropriate to use a three year period when calculating earnings loss. Defendant also contends that the applicant did not rebut the correctness of the 2005 Permanent Disability Rating Schedule and that the applicants loss of earning capacity is due to her retirement , from lhe labor force rather than her injury. Finally, defendant contends that the repons of Dr. Gilberg arc not substantial medical evidence. We have rece
