F. MCCLINTOCK’S SALOON AND DINING HOUSE, INC.; and ZENITH INSURANCE COMPANY, BYRON BREAULT, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABYRON BREAULT, Applicant,vs.F. MCCLINTOCK’S SALOON AND DINING HOUSE, INC.; and ZENITH INSURANCE COMPANY, Defendant.Case No. ADJ1715257 (GRO 0033645)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings of Fact of April 20, 2009, wherein the workers’ compensation judge (WCJ) found that applicant sustained an admitted industrial injury to his psyche during a period through December 2003 while employed as an owner/manager by F. McClintock’s Saloon and Dining House, Zenith Insurance Company’s insured on the date of injury, and that applicant “has shown that he has the right to petition to reopen.” The WCJ further allowed applicant’s costs (for what appears to be vocational experts) and deferred “the other issues.” Defendant contends that “the award’s finding of ‘good cause’ to reopen” is in error, arguing that applicant completed vocational rehabilitation and, therefore, that the WCJ erred in relying on LeBoeuf1. Defendant further argues that applicant did not produce new evidence supporting his claim of new and further disability, that applicant’s vocational evidence is cumulative of issues already litigated, that the WCJ erred in considering applicant’s inability to compete in the open labor market because the standard [for permanent disability] has been repealed. Applicant filed an answer to the petition for reconsideration. 1See LeBoeuf v. Workers’ Comp. Appeals Bd. (1983) 34 Cal. 3d 234 [48 Cal.Comp.Cases 587].) , I. We have considered the allegations made in the petition for reconsideration and answer thereto, as well as the content of the WCJ’s Report and Recommendation. Based on our review of the record and for the reasons discussed below, we will grant reconsideration, rescind the Findings of
