Muhlhauser Steel Company; State Compensation Insurance Fund David Nishizawa WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID NISHIZAWA, Applicant,vs.MUHLHAUSER STEEL COMPANY; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. LAO858651ORDER DENYING RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration. While we incorporate the WCJ’s Report, we exclude from incorporation and do not rely upon the WCJ’s reference to the Auguster decision because it is not certified for publication and therefore not citable. (California Rules of Court. Section 8.1115) The decision is justified by substantial evidence without reference to that decision. , For the foregoing reasons,IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD____________________________________________RICK DIETRICHI CONCUR,____________________________________________ JAMES C. CUNEO____________________________________________ FRANK M. BRASSDATED AND FILED AT SAN FRANCISCO, CALIFORNIAJAN 22 2008SERVICE MADE BY MAIL ON ABOVE DATE ON THE PERSONS LISTED BELOW ATTHEIR ADDRESSES AS SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD:State Compensation Insurance FundAlissa Masciarellatab , State of California WORKERS’ COMPENSATION APPEALS BOARDWCAB CASE NO.: LAO 858651DAVID NISHIZAWAvs.MUHLHAUSER STEEL COMPANY; STATE COMPENSATION INSURANCE FUNDJUDGE: DOUGLAS A. WATKINSDATE: JANUARY 4,2008REPORT AND RECOMMENDATION ON DEFENDANT’SPETITION FOR RECONSIDERATIONINTRODUCTIONDefendant fileg this timely, verified Petition for Reconsideration, objecting tothe Findings and Award dated November 26, 2007. The wq found, as a largelyfactual matter, tha
