H.R. Staffings; State Compensation Insurance Fund Jose Galarreta WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE GALARRETA, Applicant,vs.H.R. STAFFING; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ1813115 (LAO 843759)OPINION AND DECISION AFTER RECONSIDERATION In order to further study the factual and legal issues in this case, on July 2, 2010, we granted defendant’s petition for reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Award of April 8, 2010, wherein the WCJ granted the applicant’s petition to reopen, finding that the applicant’s industrial injury caused “new and further” disability. The WCJ found that the applicant’s industrial injury caused permanent disability of 91%. The WCJ also found that “[t]he reasonable value of the services of the applicant’s attorney is $40,200, which is payable in addition to any previously awarded attorney fees.” Previously, in this matter, in a Findings and Award of February 9, 2006, it was found that, while employed as a warehouse laborer on March 7, 2004, applicant sustained industrial injury to his back causing permanent disability of 72%. In the February 9, 2006 decision, the WCJ awarded the applicant’s attorney a fee of $21.607.00. Defendant contends that the WCJ erred in granting the petition to reopen and finding permanent disability of 91%, arguing that the medical reports of orthopedist Fred Farshid Hekmat, M.D., who the WCJ relied on for his findings, were not properly admitted into evidence, and did not constitute substantial medical evidence in any case. The defendant also contends that the WCJ erred in awarding applicant’s attorney a fee of $40,200 in addition to the $21,607 already awarded , in the prior award. We have received an answer from the applicant’s attorney, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration. As explained below, we will rescind the Findings and Award of April
