UNITED AIRLINES; GALLAGHER BASSETT SERVICES, JAMES BUCHANAN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAMES BUCHANAN, Applicant,vs.UNITED AIRLINES; GALLAGHERBASSETT SERVICES, Defendant(s).Case No. ADJ1594846 (OAK 0311136)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the November 24, 2008 Findings and Award in ADJ1594846 (OAK 0311136),1 wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a mechanic during the cumulative period ending March 1, 1999, sustained industrial injury to his right knee, causing temporary disability from April 11, 2003, through June 3, 2004, and 72% permanent disability after apportionment. The WCJ found a temporary disability rate of $658.93 per week. The WCJ awarded an attorney’s fee of 15% of the permanent disability indemnity, the life pension, and the temporary disability indemnity awarded. Defendant contends that the finding of 72% permanent disability is not based on substantial evidence and should be corrected to reflect the opinions of the qualified medical examiners, that the temporary disability rate is not justified and should be zero because applicant had previously retired, and that defendant should be entitled to credit for permanent disability payments made during the temporary disability period. Defendant also requests clarification regarding whether the 1The November 24, 2008 Findings and Award encompassed case numbers ADJ1594846 (OAK 0311136) and ADJ2699023 (OAK 0298296), and included separate findings and awards for each case. Defendant seeks reconsideration only of the Findings and Award in ADJ 1594846 (OAK 0311136). , attorney’s fee should be commuted from the far end of the permanent disability award, since the Findings and Award specified only that the attorney’s fee from the life pension should be commuted. We have considered the Petition for
