CEMEX; GALLAGHER BASSETT SERVICES, HERMILO ARMENDARIZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHERMILO ARMENDARIZ, Applicant,vs.CEMEX; GALLAGHER BASSETTSERVICES, Defendant(s).Case No. ADJ353847 (LAO 0845413)ADJ2682170 (LAO 0845414)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant has filed a timely petition for reconsideration, aggrieved by the Joint Findings, Award and Order dated February 5, 2009, wherein the workers’ compensation administrative law judge (WCJ) found in relevant part that in case number ADJ2682170 applicant did not sustain an industrial injury to his internal/kidney and that his attorney was not entitled to a fee based upon penalties awarded. Applicant contends that the WCJ should have found applicant’s internal injuries to be compensable by following the opinion of Dr. Lipper rather than the opinion of Dr. Hyman; that the WCJ should have followed her prior decision as to compensability which was still adequate and valid although no longer legally binding; that the WCJ should have appointed an independent medical examiner; that the WCJ incorrectly calculated the permanent disability indemnity and attorney’s fee awards; and that the WCJ should have awarded an attorney’s fee in conjunction with the penalty award. Applicant is not aggrieved by the Findings and Award in case number ADJ353847.1 Defendant has filed an answer. In case number ADJ2682170, applicant, while employed as a mechanic/driver/customer service for a period of cumulative trauma ending May 13, 2004, sustained an industrial injury to 1See our Opinion and Order Granting Petition for Reconsideration and Decision after Reconsideration dated December 18, 2007, page 1. , his neck, left upper extremity, back, hips and bilateral knees and claimed to have sustained injury to his internal/kidney. In our Opinion and Order Granting Petition for Reconsideration and Decision after Reconsideration dated December 18, 2007, we
