Avalon Structural, And Ace Insurance Company, Administered By Esis, Jose Sanchez WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE SANCHEZ, Applicant,vs.SUNRISE MUSHROOM; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. SAL 099919OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the Findings, Award and Orders issued by the workers’ compensation administrative law judge (“WCJ”) on April 13, 2007. In that decision, the WCJ found that, while employed as an irrigator on October 15, 2002, applicant sustained industrial injury to his right knee and back, but not to his psyche, causing permanent disability of 44%. In Finding only 44% permanent disability, the WCJ concluded under Labor Code § 4056 that the applicant had “refused to undergo medical treatment (arthroscopic surgery) which was reasonable and necessary to cure or relieve from the effects of the injury….” Therefore, the WCJ did not award the applicant that portion of his permanent disability that resulted from his refusal to have arthroscopic knee surgery. Applicant contends that the WCJ ened in finding permanent disability of only 44%, arguing his refusal to undergo surgery was not unreasonable. We have received an answer and the WCJ has filed a Report and Recommendation on Petition for Reconsideration. As explained below, we find that the defendant did not bear its burden of establishing that applicant’s refusal to undergo surgery was unreasonable. We will therefore grant reconsideration, rescind the Findings, Award and Orders of April 13, 2007, and return this matter , to the trial level for further proceedings and decision in order for the WCJ to rate the applicant’s permanent disability without application of Labor Code § 4056.Labor Code § 4056 provides:”No compensation is payable in case of the death or disability of an employeewhen his death is caused, or when and so far as his disability is
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