S&M Moving Systems; Lwp Claims, Juan Villagran, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJUAN VILLAGRAN,Applicant,vs.S&M MOVING SYSTEMS; LWP CLAIMS,Defendants.Case No. ADJ9343756 (MF)ADJ9613563(San Jose District Office)OPINION AND DECISION AFTER RECONSIDERATION We previously granted applicant’s Petition for Reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Defendant sought reconsideration of the two Findings and Award(s) issued by a workers’ compensation administrative law judge (WCJ) on February 17, 2017. In ADJ9343756, the WCJ found that applicant, while employed as a furniture mover on November 12, 2010, sustained industrial injury to his right shoulder, causing 32% permanent disability after apportionment, and a need for further medical treatment. The WCJ also found that applicant was not entitled to an increase in permanent disability pursuant to Labor Code1 section 4658(d). In ADJ9613563, the WCJ found that applicant, while employed as a furniture mover on February 24, 2014, sustained industrial injury to his left shoulder, causing 38% permanent disability, and a need for further medical treatment. The WCJ also found, pursuant to section 4453(c)(4), that applicant had an earning capacity of $576.25 per week, equating to $384.17 in temporary disability indemnity. In ADJ9613563, defendant contended that applicant’s average weekly earnings and temporary disability indemnity rate were improperly calculated. In ADJ9343756, defendant contended it is entitled 1 Unless otherwise stated, all further statutory references are to the Labor Code. , to the 15% decrease in permanent disability awarded. Defendant also contended that the medical reporting of the agreed medical examiner (AME) does not constitute substantial evidence, and that the impairment for both the right and left shoulder was improperly awarded under the American Medica
