Crystal Springs Water; And State Compensation Insurance Fund Joseph Bertao WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSEPH BERTAO, Applicant,vs. CRYSTAL SPRINGS WATER; and STATE COMPENSATION INSURANCE FUND, Defendant.Case No. GRO 0033398OPINION AND DECISIONAFTER RECONSIDERATION On June 18,2007 we granted applicant’s petition for reconsideration of the April 12, 2007 Order denying applicant’s motion that defendant be required to advance costs. Reconsideration was granted in order to allow sufficient opportunity to further study the factual and legal issues in this case. This is our decision after reconsideration. Applicant, while employed as a delivery driver on June 1, 2005, sustained an industrial injury to his lumbar spine. By stipulated Award dated November IS, 2006, applicant was awarded 16% permanent disability, based upon a report by an agreed medical evaluator. In the award, the WCJ stated: “Jurisdiction is reserved as to a challenge to the PRDR [permanent disability rating schedule], currently under judicial review.” On February 1, 2007, applicant filed a declaration of readiness to proceed, requesting a conference on the issue of: “An Interim Award for costs {Labor Code] Section 58111 (Costa v. Hardy Diagnostic).” The case was set for conference on April 5, 2007. Applicant raised the following issue: “Mr. Herreras moves for an order directing Defendants to pay for the costs which he represents to be $260 for an initial evaluation by Dr. Wallace to develop evidence to rebut or challenge the permanent disability rating schedule and the rating therefrom.” On April 12, 2007 the WCJ denied the motion. [h3]1 [size=1]Unless otherwise specified, all statutory references are to the Labor Code.[/size][/h3] , On reconsideration, applicant contends: “In this case, the award has been paid out. There are no funds available for the applicant to seek redress of this egregious reduction (80%) in his pe
