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Lester Wiley, vs. State Of California Department Of Mental Health, Legally Uninsured, Adjusted By State Compensation Insurance Fund,

STATE OF CALIFORNIA DEPARTMENT OF MENTAL HEALTH, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND, LESTER WILEY, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALESTER WILEY, Applicant,vs.STATE OF CALIFORNIA DEPARTMENT OF MENTAL HEALTH, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND, Defendant.Case No. ADJ3219376 (MON 0312217)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the August 4, 2009 Findings and Award (And Order) of the workers’ compensation administrative law judge (WCJ), wherein it was found that applicant incurred industrial injury to his low back, neck, right shoulder, psyche, bilateral knees, internal and upper respiratory tract during the period of his employment from 1998 to October 21, 2003, causing 73% permanent disability after apportionment and a need for future medical treatment. The record reflects that the WCJ relied upon both the 1997 Permanent Disability Rating Schedule(1997 PDRS) and the AMA Guides to the Evaluation of Permanent Impairment, Fifth Edition (AMA guides) underlying the 2005 Permanent Disability Rating Schedule (2005 PDRS) in rating applicant’s permanent disability.            Defendant contends that applicant’s permanent disability was not properly rated.             We grant reconsideration and rescind the August 4, 2009 decision because the 1997 PDRS and the 2005 PDRS and AMA guides were relied upon by the WCJ in rating applicant’s permanent disability. The case is returned to the trial level for a new decision that identifies the rating schedule used to rate applicant’s permanent disability and explains how the permanent disability was rated. , Applicant worked for defendant as a stationary engineer for several years. He filed a claim for workers’ compensation benefits alleging industrial injury to various body parts during the cumulative trauma period ending October 21, 2003. The parties selected three phys


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