FERGUSON ENTERPRISES; LIBERTY MUTUAL INSURANCE COMPANY, BALTAZAR MONTOYA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABALTAZAR MONTOYA, Applicant,vs.FERGUSON ENTERPRISES; LIBERTYMUTUAL INSURANCE COMPANY, Defendant(s).Case Nos. ADJ620117 [GRO 0034083]ADJ2352007 [GRO 0034143]ADJ3532223 [GRO 0034144]OPINION AND DECISION AFTER RECONSIDERATION On May 9, 2008, the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration to further study the factual and legal issues. This is our decision after reconsideration. In the Findings and Award of February 13, 2008, the workers’ compensation judge (WCJ)1 found, in relevant part, that applicant is entitled to permanent disability of 32% in GRO 34083 and GRO 34143, that permanent disability indemnity payments should begin on December 18, 2006, that there is no legal basis for apportionment, and that the Employment Development Department (EDD) is entitled to reimbursement of its lien. In addition, the WCJ issued an “Order Allowing 201 Interim Order/Award” on February 22, 2008, wherein the WCJ allowed $1,500.00 out of applicant’s permanent disability award, to be commuted and paid to Albert Rivas, applicant’s vocational rehabilitation expert. However, the WCJ noted that “applicant does not waive the right to claim this sum as costs under Labor Code section 5811… [The WCJ] expresses no opinion on this issue.”/// 1Pursuant to 8 Cal. Code Regs. §10302, which became effective November 17, 2008, it is the Appeals Board’s “intent” that the working title of “workers’ compensation administrative law judge” shall be “workers’ compensation judge.” , Defendant sought reconsideration of the WCJ’s decisions, contending, in substance, that the WCJ erred in disregarding the 15% apportionment found by Dr. Scheinberg, the Agreed Medical Evaluator (AME), that the WCJ erred in allowing EDD’s lien without also allowing defendant credit against permanent disability advances made by defendant
