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Skimberly Hollis, vs. Kds Business Systems, Inc.; Hartford Accident & Indemnity , Co.,

KDS BUSINESS SYSTEMS, INC.; HARTFORD ACCIDENT & INDEMNITY , Co., SKIMBERLY HOLLIS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASKIMBERLY HOLLIS, Applicant,vs.KDS BUSINESS SYSTEMS, INC.; HARTFORD ACCIDENT & INDEMNITY Co., Defendant.Case No. ADJ4409748 (MON 0316373)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the July 27, 2009 “Post-Reconsideration Findings and Award” of the workers’ compensation administrative law judge (WCJ) who found that applicant incurred industrial injury to her neck and bilateral upper extremities during the period from September 1996 to September 4, 2002, while employed as a clerk/customer service representative causing temporary disability, 81% permanent disability and need for future medical treatment. In rating applicant’s permanent disability, the WCJ utilized the 1997 Permanent Disability Rating Schedule (1997 PDRS) instead of the 2005 Permanent Disability Rating Schedule (2005 PDRS).            Defendant contends that the WCJ’s decision is not supported by substantial evidence and that the 2005 PDRS should have been used to rate applicant’s permanent disability.            We grant reconsideration and rescind the July 27, 2009 decision because the WCJ did not explain how he concluded that the 1997 PDRS should be used to rate applicant’s permanent disability. The case is returned to the trial level for a decision that addresses the Labor Code section 4660(d) requirement that the 2005 PDRS be used to rate permanent disability unless One or more of the exceptions described in that subdivision allows use of the 1997 PDRS.1 1Further statutory references are to the Labor Code. ,             This case was previously before us when we granted defendant’s petition for reconsideration of the earlier August 21, 2008 Findings and Award of the WCJ who found that applicant’s cumulative trauma industrial injury as described above caused 80% permanent disability. In


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