EMG Children & Family Services; Everest National Insurance Company Charlotte Hudson WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHARLOTTE HUDSON, Applicant,vs.EMG CHILDREN & FAMILY SERVICES; EVEREST NATIONAL INSURANCE COMPANY, Defendants.Case No. ADJ4337031 (SAC 0363533)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the June 16, 2011 Findings and Award of the workers’ compensation administrative law judge (WCJ) who found that applicant incurred industrial injury to her back and her left and right lower extremities while employed by defendant as a family advocate on October 3, 2006, causing 11% permanent disability, without apportionment, and a need for future medical treatment. Applicant contends that the WCJ should have found that her vocational expert, Frank Diaz, was entitled to be paid for the report writing and testimony he provided, and that the WCJ should have assessed applicant’s permanent disability pursuant to the analysis contained in the Appeals Board’s and Court of Appeals’ decisions in Almaraz v. Environmental Recovery Services/Guzman v. Milpitas Unified School District (2009) 74 Cal. Comp. Cases 1084 (Appeals Board en banc)/ Milpitas Unfed School Dist. v. Workers’ Comp. Appeals Bd. (Guzman) (2010) 187 Cal.App.4th 808 [75 Cal.Comp.Cases 837] (herein jointly called Almaraz/Guzman), and in Ogilvie v. City and County of San Francisco (2009) 74 Cal.Comp.Cases 248 (Appeals Board en banc)/Ogilvie v. City and County of San Francisco (2009) 74 Cal.Comp.Cases 1127 (Appeals Board en banc) (Ogilvie). An answer was received and the WCJ provided a Report and Recommendation on Petition for Reconsideration (Report). , Reconsideration is granted. As our decision after reconsideration, we rescind the WCJ’s June 16, 2010 decision and return the case to the trial level for development of the medical record on the Almaraz/Guzman issues
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