Aztec Harvesting; Redwood Fire & Casualty; and Berkshire Hathaway Homestate Co., (Adjusting Agent) Carmelo Medina WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACARMELO MEDINA, Applicant,vs.AZTEC HARVESTING; REDWOOD FIRE & CASUALTY; and BERKSHIRE HATHAWAY HOMESTATE CO., (Adjusting Agent), Defendants.Case No. ADJ4708188 (VNO 0521881)ORDER DENYING RECONSIDERATION AND REMOVAL AND ORDER CORRECTING CLERICAL ERROR We have considered applicant’s Petition for Reconsideration and the Report and Recommendation on Petition for Reconsideration (Report) of the workers’ compensation administrative law judge (WCJ). Based on our review of the record, for the reasons stated in the WCJ’s Report, which we adopt and incorporate by reference, and for the following reasons, we will deny reconsideration and affirm the June 7, 2011 “Republished Findings of Fact, Order and Award.” At trial, this matter was omitted on the record without testimony. Therefore, the WCJ did not have the opportunity to observe the applicant’s demeanor and to weigh his statements in connection with his manner on the stand. (See Garza v. Workmen’s Comp. Appeals Bd. (1970) 3 Cal.3d 312, 319 [35 Cal.Comp.Cases 500].) Nevertheless, in his Report, the WCJ notes that “[t]he medical reports demonstrate that each time he was examined by a new doctor the applicant exaggerated his description of the activities that he was engaged in at the time of injury and also exaggerated the nature and extent of his complaints and the body parts involved.” Therefore, the WCJ concluded that “applicant … is lacking in credibility.” Based on our review of the medical reports, we have no reason to disagree with the WCJ’s conclusion. Applicant’s petition suggests that where the parties utilize an agreed medical evaluator (AME) then the WCAB must follow the opinion of that AME, and not the opinion of a qualified medical , evaluator (QME) chosen by a party, unless there are “clear and convincing” re
