“Heyhan,Inc., Dba Miller Collision Services; Procentury Insurance Company, Adjusted By Illinois Midwest Insurance Agency, Llc.” Gustavo De La Cruz, WORKERS’ COMPENSATION APPEALS BOARI)STATE OF CALIFORNIAGUSTAVO DE LA CRUZ, Applicant,vs.HEYHAN,INC., DBA MILLER COLLISION SERVICES; PROCENTURY INSURANCE COMPANY, adjusted by ILLINOIS MIDWEST INSURANCE AGENCY, LLC. Defendant,Case No. ADJ105276S0OPINION AND DECISION AFTER RECONSIDERATION We granted reconsideration in order to further study the factual and legal issues in this case. This is our Opinion and Decision after Reconsideration.Defendant1 seeks reconsideration of the Findings and Orders (F&O) issued by the workers’ compensation administrative law judge (WCJ) on August 2,2019. In F&O, the WCJ determined as relevant herein that applicant sustained injury to his bilateral knees while employed by defendant as an automotive painter on September 29, 2015, that pursuant to I^abor Code section^.44532 applicant’s average weekly earnings were $1,826.26, that defendant misapplied section 4661.5, and that defendant did not file a petition for removal or raise the issue of documents from the Employment Development Department (HDD) as an issue for trial on the pre-trial conference statement. Defendant contends that the findings regarding applicant’s average weekly earnings and section 4661.5 arc not supported by substantial evidence, that applicant’s average weekly earnings should be 1 Defendant attached one of its trial exhibit» to its Petition. We remind defendant that “{cjopics of documents that have already been received in evidence or that have already been made pan of the adjudication file shall not be attached or filed as exhibits to petition» for reconsideration… Documents attached in violation of this nil« may be detached from the petition or answer and discarded – (Cal Code Regs . tit t, former | IO*42(cX now f I094S1 2 All future statutory- references are to the Labor Code unless otherwise spec
