City Of Pomona; Permissibly Self-Insui Ed, Adjusted By Pomona Risk Management Department Kenneth M. Hoover WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKENNETH M. HOOVER, Applicant,vs.CITY OF POMONA; Permissibly Self-Insui ed, Adjusted By POMONA RISK MANAGEMENT DEPARTMENT, Defendants)Case No. ADJ6408456OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award and Order issued hv the workers’ compensation administrative law judge (WCJ) on May 17, 2010, wherein the WCJ found that applicant, while employed as a mechanic from January 1, 1969 through September 27, 2004, sustained industrial injury to his skin, back, shoulders, knees, legs, cardiovascular system and psyche, causing permanent total disability (100%), and a need for further medical treatment. The WCJ applied the 1997 Permanent Disability Rating Schedule (1997 PDRS) to calculate applicant’s permanent disability. Defendant contends that (1) the WCJ erred in applying the 1997 PDRS to calculate applicant’s permanent disability; (2) the WCJ’s formal rating instructions were not based on substantial medical evidence; (3) the reports of Paul J. Grodan, M.D., were biased as a result of applicant’s attorney’s ex parte communication; and (4) the report of Filen Shirmin, M.D., should not have been admitted into evidence because it was not served on defendant and was obtained after the close of discovery. We have considered the petition for reconsideration, and we have reviewed the record in this matter. Applicant filed an answer. The WCJ prepared a Report and Recommendation on , Petition for Reconsideration (“Report”), recommending that the petition be denied. Pursuant to Appeals Board Rule 10848, defendant has filed a request for leave to file a supplemental pleading in reply to applicant’s answer to its petition for reconsideration, a proposed reply, and a declaration of Steven A. Malk in support
