FIRST TRANSiT, INC.; NATIONAL UNION FIRE INSURANCE, Alonzo Malone WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALONZO MALONE, Applicant,vs.RESCUE MISSION ALLIANCE; ZENITH WOODLAND HILLS, Defendant(s).Case No. ADJI909228 (LBO 0373748)OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Defendant seeks reconsideration of the August 6. 2010 Findings and Award issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ found that, while employed as a bus driver on September 20. 2005, applicant sustained admitted industrial injury to his left knee and that applicant is entitled to further medical treatment pursuant to the recommendation of his ireating physician. Defendant contends that the WCJ should have relied on the opinion of agreed medical examiner ( AME) Michael Patzakis, M.D., arguing that the WCJ did not establish a good reason to find the AME’s opinion unpersuasive and to rely on the treating physician’s recommendation. Defendant further contends that the WCJ violated the defendant’s right to due process by not relying on the AME’s opinion. Finally, defendant contends that the WCJ’s decision is not supported by substantial evidence. Applicant filed an Answer. The WCJ issued a Report and Recommendation of Workers’ Compensation Administrative I^w- Judge on Petition for Reconsideration (Report) recommending that we deny reconsideration or, alternatively, that we grant reconsideration, rescind the August 6. 2010 , Findings and Award, and remand this matter back to the trial level for further development of the record. Based on our review of the record and for the reasons discussed by the WCJ in her Report, which we adopt and incorporate herein by reference. $xccp1 for her recommendation that we deny reconsideration, we will grant reconsideration, rescind the WCJ’s decision, and return this matter to the trial level for further proceedings and decision by
