GRANT COUNTY EXCAVATION; CYPRESS INSURANCE CO. JIMMY HORTON WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJIMMY HORTON, Applicant,vs.GRANT COUNTY EXCAVATION; CYPRESSINSURANCE CO.; Defendants.Case No. ADJ6507437(Santa Ana District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the October 22, 2013 Findings and Award. In that decision, the workers’ compensation administrative law judge (WCJ) found, among other things, that applicant sustained 15% permanent disability, 5% of which was apportioned to nonindustrial factors, and that applicant’s counsel was entitled to fees equal to 15% of applicant’s permanent disability indemnity. The parties had previously stipulated that applicant had sustained industrial injury to right shoulder and low back while employed as a landscape/maintenance worker on July 28, 2008. (April 12, 2012 Minutes of Hearing and Summary of Evidence, p. 2:4-7; August 13, 2013 Further Minutes of Hearing, p. 2:11-13.) The WCJ awarded permanent disability indemnity and future medical treatment in the form of epidural cortisone injections for applicant’s back condition. Applicant contends that the WCJ should have specified the dollar amount when awarding permanent disability indemnity. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an answer from defendant. The WCJ has prepared a Report and Recommendation of Workers’ Compensation Administrative Law Judge on Petition for Reconsideration (Report) noting that the parties have expressed a desire to resolve this matter between themselves and requesting that we rescind the October 22, 2013 Findings and Award in order to allow them to do so./ / // / / , Pursuant to the WCJ’s request, as stated in the Report, we will rescind the October 22, 2013 Findings and Award. Upon return to the trial leve
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