Ralphs Grocery Company administered by Sedgwick CMS Carol Charon WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACAROL CHARON, Applicant,vs.RALPHS GROCERY COMPANY administeredby SEDGWICK CMS, Defendants.Case No. ADJ3417200 (MON 0240201) (Marina del Rey District Office)OPINION AND DECISION AFTER RECONSIDERATION We granted defendant Ralph’s Grocery Company (defendant)’s Petition for Reconsideration on February 13, 2012 to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Defendant sought reconsideration of the Findings & Award & Order (F&A) issued by a workers’ compensation administrative law judge (WCJ) on November 29, 2011. In that F&A, the WCJ found in pertinent part that applicant Carol Charon’s injury caused permanent disability of 100%, less attorney’s fees, payable beginning February 15, 2007, with credit to defendant for payments made; that applicant was allowed to treat outside the Medical Provider Network (MPN); and, that the reasonable value of the services of applicant’s attorney was 15% of the award to be commuted through the life of the award. In its petition, defendant contended that applicant was not entitled to treat outside of its MPN; that the opinion of Agreed Medical Examiner (AME) was substantial evidence on the issue of apportionment of applicant’s award of 100%; and, that it should have been awarded a credit for its overpayment of temporary disability indemnity. We received an answer from applicant. We received a Report and Recommendation (Report) in response to the Petition for Reconsideration, which recommended grant of defendant’s petition as to the issue of apportionment and otherwise, denial of defendant’s petition. , We have reviewed the record and considered the allegations of the petition for reconsideration and the answer and the contents of the Report, and we now issue our decision after reconsideration. Bas
