SAN JOSE MEDICAL GROUP; STATE COMPENSATION INSURANCE FUND, EVANGELINE RODRIGUEZ (EVANGELINE RODRIGUEZ RODRIGUEZ-DUARTE), WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEVANGELINE RODRIGUEZ (EVANGELINE RODRIGUEZ RODRIGUEZ-DUARTE), Applicant,vs.SAN JOSE MEDICAL GROUP; STATECOMPENSATION INSURANCE FUND, Defendants.Case No. ADJ3111070 (SJO 0240113)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of a workers’ compensation administrative law judge’s Findings and Award of November 17, 2008, wherein it was found that, while employed as a personal service representative on April 5, 2001, applicant sustained industrial injury to her back, shoulders, and psyche, causing permanent disability of 71% and the need for further medical treatment. Defendant contends that the WCJ erred in: (1) finding that the applicant’s injury caused 71% permanent disability, arguing that it was error to rely upon the opinion of vocational expert. Scott Simon because Mr. Simon prepared his testimony after the discovery cut-off, and that it was error to rely upon the medical opinion of psychiatrist Michael Goldfield, M.D., because Dr. Goldfield’s report did not adequately discuss the issue of apportionment of permanent disability; in (2) finding that defendant was not entitled to a credit for overpayment of temporary disability indemnity; and in (3) not commuting the award of attorney’s fees. We have received an answer from the defendant, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (“Report”). In the Report, the WCJ recommends that we grant reconsideration and amend the Findings and Award of November 17, 2008 to reflect that defendant should be given credit against its permanent disability indemnity liability for overpayment of temporary disability indemnity from , September 13, 2005 to December 2, 2005. The WCJ recommends that the Findings and Award of Novembe
