Waterflow Irrigation; State Compensation Insurance Fund Emilio Garza WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEMILIO GARZA, Applicant,vs.WATERFLOW IRRIGATION; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ2381643 (FRE 0221479)OPINION AND ORDER DENYING RECONSIDERATION Defendant seeks reconsideration of the October 19, 2009 Findings and Award issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ found, based on the parties’ prior stipulations, that applicant, while employed on September 19, 2003, sustained industrial injury to his right leg, right shoulder, right hand, left eye, heart, brain, “psyche,” head, spine, right elbow, and internal organs causing 100% permanent disability., The WCJ also allowed the lien of RS Medical in accordance with the Official Medical Fee Schedule. Defendant contends that the WCJ erred in finding that applicant’s injury caused 100% permanent disability arguing that the parties stipulated that the agreed medical examination reports rated to 87% permanent disability, that applicant did not present vocational rehabilitation expert witness testimony regarding applicant’s ability to compete in the labor market, and that, consequently, the WCJ’s finding of 100% permanent disability is not supported by substantial evidence. Defendant further contends that the WCJ failed to consider apportionment to applicant’s obesity and diabetes. Finally, defendant contends that the WCJ erred in allowing the lien of RS Medical arguing that the issue was not properly before the WCJ. Applicant filed an Answer, and the WCJ issued his Report and Recommendation (Report) recommending that we deny reconsideration. , Based upon our review of the record and for the reasons discussed herein, we will deny reconsideration. This matter was tried on July 7, 2009. At that time, the parties stipulated that applicant sustained industrial injury as indicated above,
