SIEMERS ENGINEERING COMPANY; STATE COMPENSATION INSURANCE FUND ANTONIO BARBUTO (Dec’d) ADRIANA BARBUTO MIGLIANO (Widow) WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANTONIO BARBUTO (Dec’d)ADRIANA BARBUTO MIGLIANO (Widow), Applicant,vs.SIEMERS ENGINEERING COMPANY; STATE COMPENSATIONINSURANCE FUND, Defendants.Case No. ADJ4198621 (VNO 0495392)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Defendant, State Compensation Insurance Fund (SCIF), on behalf of its insured, Siemers Engineering, seeks reconsideration of the Findings and Award, issued July 3, 2012, in which a workers’ compensation administrative law judge (WCJ) found decedent, Antonio Barbuto, who died as a result of an industrial injury on October 15, 2003, had the earning capacity as a backhoe operator of $30.51 per hour, for purposes of calculating applicant’s death benefits. The WCJ found Mr. Barbuto “was promoted in the field from laborer to backhoe operator on October 15, 2003.” Defendant contests the WCJ’s determination of the decedent’s earning capacity, contending the record does not contain substantial evidence to support the WCJ’s findings. Defendant contends, more specifically, that the record does not justify the WCJ’s findings that applicant had been promoted in the field from laborer to backhoe operator on the date of his fatal injury, and that applicant was qualified or experienced to operate a backhoe. Defendant further argues that without evidence of applicant’s qualification or experience, there is no evidence to justify his finding that he “had the earning capacity of earning the hourly wage of a backhoe operator.” Defendant further contends that the evidence the WCJ relied upon to determine the appropriate hourly wage, the testimony of a union representative, did not support his findings. Finally, defendant argues that since the applicant’s actual wages on the date of , injury were known, there was no basis to conclude that
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