Tanimura & Antle; American Casualty Company, Administered By CNA Claims Plus; Bendt & Valentine, Zenith Insurance Company Francisco Ramirez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFRANCISCO RAMIREZ, Applicant,vs.TANIMURA & ANTLE; AMERICAN CASUALTY COMPANY, Administered ByCNA CLAIMS PLUS; BENDT & CVALENTINE, ZENITH INSURANCE COMPANY,Defendant(s).Case No. ADJ1358822 (FRE 0231034)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the Findings of Fact and Order issued by the workers’ compensation administrative law judge (WCJ) on December 1, 2009, wherein the WCJ found that applicant did not sustain injury arising out of and in the course of the employment (AOE/COE) while employed as a laborer from March 2003 to December 2003. The WCJ also found that the July 14, 2008 supplemental report of the agreed medical examiner (AME) Demosthenes Pappagianis, M.D., is admissible and constitutes substantial evidence. Applicant contends that the July 14, 2008 supplemental report of the AME, on which the WCJ relied, is not admissible, arguing that it was not ordered by the Workers’ Compensation Appeals Board (WCAB) and was not listed on the stipulations and issues. Applicant argues that the July 14, 2008 supplemental report of the AME does not constitute substantial evidence, arguing that is does not comply with the requirements for medical-legal reports pursuant to Labor Code sections 4628(j), 5502(e) and 4062.3(d).1 1 Unless otherwise stated, all further statutory references are to the Labor Code. , We have considered the petition for reconsideration and we have reviewed the record in this matter. Defendant filed an answer. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be granted and the matter returned to the trial level to address the procedural defect in the AME’s failure to include a section 4628(j)
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