THE HOME DEPOT, permissibly self-insured, JOHN VLCEK, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOHN VLCEK, Applicant,vs.THE HOME DEPOT, permissibly self-insured, Defendant.Case No. ADJ1932557 (SJO 0267873)OPINION AND DECISION AFTER RECONSIDERATION On December 8, 2008, we granted reconsideration of the Findings and Award of September 26, 2008, to further study the issues in this case. This is our Decision After Reconsideration. In relevant part of the September 26, 2008 Findings and Award, the workers’ compensation judge (WCJ) found that applicant sustained an admitted industrial injury to his left knee on December 16, 2006, while employed by defendant as a supervisor, and that the injury caused, among other things, a need for further medical treatment and 4% permanent disability, determined pursuant to the 2005 Schedule for Rating Permanent Disabilities (2005 Schedule), entitling applicant to further medical treatment and permanent disability indemnity totaling $2,760. In his petition for reconsideration, applicant ostensibly contended that the injury caused more than 4% permanent disability, arguing, circuitously, that the WCJ should have followed the opinion of applicant’s vocational expert regarding applicant’s diminished future earning capacity (DFEC) caused by the injury. Defendant filed an answer to the petition for reconsideration.I. We have considered the allegations made in the petition for reconsideration and answer thereto, as well as the content of the WCJ’s Report and Recommendation. Based on our review of the record and for the reasons explained below, as our Decision After Reconsideration, we will amend the Findings and Award of September 26, 2008, to defer the , issue of the extent of permanent disability caused by the injury, as well as the interrelated issues of applicant’s attorneys’ fee and the lien claim of Employment Development Department, and return this matter
