SUNTREAT PACKING; STATE COMPENSATION INSURANCE FUND, ALICIA NUNEZ ARREOLA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALICIA NUNEZ ARREOLA,, Applicant,vs.SUNTREAT PACKING; STATECOMPENSATION INSURANCE FUND,, Defendant.Case No. ADJ4216095 (BAK 0149327)OPINION AND ORDERGRANTING PETITION FORRECONSIDERATIONAND DECISION AFTERRECONSIDERATION Defendant seeks reconsideration of the August 2, 2010 Findings and Award and the August 17, 2010 .Amended Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found, in pertinent part, that applicant, while employed as a sorter on March 20, 2006, sustained industrial injury to her right shoulder and cervical spine. The WCJ found that applicant was a seasonal worker, with the season lasting from November 1 through June 30, and that she had no off-season earnings. He awarded temporary disability indemnity and permanent disability indemnity at the rate of $213.49 per week, based on in-season earnings of $320.23 per week. Defendant contends the WCJ erred in Finding a permanent disability ratp of $213.49, arguing that he should not have allowed applicant to withdraw from her stipulation’ regarding the permanent disability rate and that he miscalculated the permanent disability rate for a seasonal employee. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received and Answer from applicant. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be , denied. For the reasons discussed below, we will grant defendant’s petition for reconsideration, amend the findings relating to permanent disability and attorney’s fees, and otherwise affirm. Applicant sustained an admitted injury on March 20, 2006, and defendant provided benefits, including permanent disability indemnity at the rate of $130.00 per week. The parties stip
