Byron Breault, vs. F. Mclintocks Saloon; Zenith Insurance Company,

(GRO 0033645) is a case in which Byron Breault, the applicant, sought reconsideration of a September 22, 2009 Findings of Fact, wherein the workers' compensation administrative law judge (WCJ) found the reports of Dr. Wallace and Ms. Owens admissible and allowed applicant's medical-legal costs in full. The WCJ deferred all other issues. The defendant sought reconsideration, arguing that the evidence should not have been admitted and the costs should not have been allowed. The Workers' Compensation Appeals Board granted reconsideration, rescinded the Findings of Fact, and returned the matter to the trial level for the WCJ to hold, pending a decision from the Supreme Court in Hertz Corporation v. Workers' Comp

F. MCLINTOCKS SALOON; ZENITH INSURANCE COMPANY, BYRON BREAULT, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABYRON BREAULT, Applicant,vs.F. MCLINTOCKS SALOON; ZENITH INSURANCE COMPANY, Defendants.Case No. ADJ1715257 (GRO 0033645)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the September 22, 2009 Findings of Fact’ wherein the J workers’ compensation administrative law judge (WCJ) found the reports of Dr. Wallace and Ms. I Owens admissible and allowed applicant’s medical-legal costs in full. The WCJ deferred all other issues. Previously, the WCJ approved a stipulated award of 38% permanent disability for a I cumulative industrial injury to the applicant’s psyche during a period through December 2003. Applicant filed a petition to reopen the award of 38% permanent disability, asserting that the injury caused him new and further disability. The reports of Dr. Wallace and Ms. Owens were offered into evidence by applicant to support an argument, relying on LeBoeuf v. Workers’ Comp. Appeals Bd. (1983) 34 Cal.3d 234 [48 Cal.Comp.Cases 587, 594], that applicant is 100% permanently disabled because he was unsuccessful in vocational rehabilitation.            Defendant contends that the WCJ erred in issuing a decision regarding admissibility of evidence and medical-legal costs, arguing that the evidence should not have been admitted and the costs should not have been allowed. In the alternative, defendant argues that all issues should be deferred until the Supreme Court issues a decision in Hertz Corporation v. Workers’ Comp. Appeals Bd. (Aguilar) (S 1693 13) 1’The document is captioned “Findings and Award & Opinion on Decision.” However, the WCJ did not issue an award. Therefore, we will refer to the September 22, 2009 decision as a “Findings of Fact.” ,             Applicant filed an answer to the petition for reconsideration. We have considered the allegations made in the pet

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