Pepsi Bottling Group; Old Republic Gene Brown WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGENE BROWN, Applicant,vs.PEPSI BOTTLING GROUP; OLD REPUBLIC, Defendant(s).Case No. ADJ3483133 (LBO 0389333)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the November 8, 2010 Findings and Award and Order issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ found, based on the parties’ prior stipulations, that applicant, while employed as a merchandiser on May 25, 2006, sustained industrial injury to his left shoulder and that, at the time of his injury, applicant’s earnings were $409.13 per week. The WCJ further found that the injury herein caused 12% permanent disability, entitling applicant to 38.25 weeks of indemnity at the rate of $270.00 per week from June 7, 2008 to December 16, 2008, and at the rate of $229.50 per week from December 17, 2008 onward. Finally, the WCJ found that the reasonable value of applicant’s attorney’s services were $1,300.00. Defendant contends that the WCJ erred in awarding permanent disability indemnity at the rate of $270.00 per week arguing that the proper rate is $230.00 per week. Applicant did not file an Answer. The WCJ issued a Report and Recommendation of Workers’ Compensation Administrative Law Judge (WCJ) on Petition for Reconsideration recommending that we dismiss defendant’s Petition for Reconsideration as moot because the clerical error as to the indemnity rate was corrected in his December 1, 2010 Amended Findings and Award and Order. , Based on our review of the record and for the reasons discussed below, we will grant reconsideration, rescind the WCJ’s original and amended decisions, and return this matter to the trial level for further proceedings and decision by the WCJ. The parties previously stipulated that applicant sustained industrial injury to his left shoulder o
