Gary M. Gilbert, vs. Northwood Auto Plaza, Inc. And State Compensation Insurance Fund,

(EUR 0039619)This case is about Northwood Auto Plaza, Inc. and the State Compensation Insurance Fund appealing a workers' compensation administrative law judge's decision that Gary M. Gilbert, an employee of Northwood Auto Plaza, Inc., sustained an industrial injury to his right knee. The Appeals Board granted the petition for reconsideration to further study the factual and legal issues in the case and ultimately amended the Findings and Award to defer the issues of permanent disability and attorney's fees, otherwise affirmed, and returned the matter to the trial level for further proceedings and decision.

NORTHWOOD AUTO PLAZA, INC. and STATE COMPENSATION INSURANCE FUND, GARY M. GILBERT, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGARY M. GILBERT, Applicant,vs.NORTHWOOD AUTO PLAZA, INC. andSTATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ4216049 (EUR 0039619)OPINION AND DECISION AFTER RECONSIDERATION            We previously granted applicant’s petition for reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Applicant sought reconsideration of the Findings and Award of November 14, 2007, wherein the workers’ compensation administrative law judge (WCJ) found, in pertinent part, that applicant, while employed as a parts clerk on January 6, 2006, sustained industrial injury to his right knee, causing eight percent permanent disability, after apportionment. The WCJ found, “Per the discussion in the attached Opinion on Decision and based upon the testimony of the Disability Evaluation Specialist, Annalisa Faina, applicant’s projected loss/reduction of future earnings is not a factor in computing the extent of permanent disability.”            Applicant contended the WCJ erred in finding only eight percent permanent disability, arguing that the rater should have been allowed to rate applicant’s disability based on the work preclusions described by the agreed medical evaluator, Dr. William Ramsey, and the loss of future earnings described by vocational rehabilitation counselor Tamara Sevems.            We have considered the Petition for Reconsideration and the WCJ’s Report and Recommendation on Reconsideration (Report), and we have reviewed the record in this matter. We have not received an Answer. ,             For the reasons discussed below, we will amend the Findings and Award to defer the issues of permanent disability and attorney’s fees, otherwise affirm, and return the matter to the trial level for further proceedings and decision.            The WCJ summarized th

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