PKB Investments, Inc., dba Home Instead; and Care West Insurance Company, administered by Pegasus Risk Management Debra Nickell WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADEBRA NICKELL, Applicant,vs.PKB INVESTMENTS, INC., dba HOME INSTEAD;and CARE WEST INSURANCE COMPANY, administeredby PEGASUS RISK MANAGEMENT, Defendants.Case Nos. ADJ7800258 (Fresno District Office)ADJ7800270OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendants PKB Investments, Inc. dba Home Instead and CareWest Insurance Company administered by Pegasus Risk Management (collectively, defendant) seeks reconsideration of the Findings of Fact, Order (F&O) issued on March 13, 2013 by a workers’ compensation administrative law judge (WCJ). In that F&O, the WCJ found in pertinent part that based on the findings of the Agreed Medical Evaluator (AME), applicant Debra Nickell sustained injury to her back, reached Maximum Medical Improvement (MMI) on July 19, 2011, and had a Whole Person Impairment (WPI) of 15% under the reasoning of Almaraz-Guzman II.1 Defendant contends in pertinent part that the F&O is not supported by substantial evidence, that it is entitled to a credit for overpayment of temporary disability indemnity, and that the WCJ failed to make findings as to applicant’s other claimed body parts. We received an Answer from applicant. We received a Report and Recommendation (Report) from the WCJ in response to the Petition for Reconsideration which recommends that defendant’s petition be denied. 1 Almaraz v. Environmental Recovery Services / Guzman v. Milpitas Unified School Dist. (2009) 74 Cal.Comp.Cases 1084 (Appeals Board en banc) (Almaraz/Guzman II). Subsequently, the Sixth Court of Appeals affirmed our decision in Almaraz/Guzman II on August 19, 2010. (Milpitas Unified School Dist. v. Workers’ Comp. Appeals Bd. (2010) 187 Cal.App.4th 808 [75 Cal.Comp.Cases 837] (modified on other grounds on September 1, 2010).) (M
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