City of Santa Rosa, Permissibly Self-Insured; Redwood Empire Municipal Insurance Fund Andrew Martinez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANDREW MARTINEZ, Applicant,vs.CITY OF SANTA ROSA, Permissibly Self-Insured; REDWOOD EMPIRE MUNICIPAL INSURANCE FUND, Defendant(s).Case No. ADJ7186596OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant City of Santa Rosa (defendant) seeks reconsideration of the Findings and Award (F&A) issued in this case on December 8, 2010. In that F&A, the workers’ compensation administrative law judge (WCJ) found that applicant sustained injury arising out of and occurring in the course of his employment (AOE/COE) to his low back and awarded temporary disability, medical treatment and permanent disability. The WCJ found that defendant was entitled to decrease applicant’s permanent disability payments under Labor Code section 46581 for payments after the offer of regular work was made, but was not entitled to decrease applicant’s payments of permanent disability for the period when applicant had returned to work but was yet not permanent and stationary. Defendant has filed this petition contending that because it did not know applicant’s level of permanent disability at the time that applicant returned to work and complied with all of the notice requirements, the fifteen percent decrease should be applied to all payments of permanent disability that have not yet been paid, including payments for a retroactive period. 1 Unless otherwise specified, all statutory references are to the Labor Code. , We have not received an answer to the petition from applicant, who is in pro per. We have received a Report and Recommendation (Report) from the workers’ compensation administrative judge (WCJ) which recommends denial of the petition. We have considered the allegations of the petition for reconsideration. Based on our review of the record, the Report of the WCJ, and fo
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