CALIFORNIA STATE UNIVERSITY, FRESNO; SEDGWICK CLAIMS MANAGEMENT KEVIN MILLER WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKEVIN MILLER, Applicant,vs.CALIFORNIA STATE UNIVERSITY, FRESNO; SEDGWICKCLAIMS MANAGEMENT, Defendants.Case No. ADJ322024 (FRE 0248360)OPINION AND DECISION AFTER RECONSIDERATION We granted defendant California State University Fresno (defendant)’s Petition for Reconsideration on December 29, 2011 to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Defendant sought reconsideration of the Findings of Fact and Award (F&A) issued on October 4, 2011. In that F&A, the workers’ compensation administrative law judge (WCJ) found in pertinent part that the opinion of the Agreed Medical Evaluator (AME) was substantial evidence to support a finding of 20% Whole Person Impairment (WPI) due to industrial injury in the form of pulmonary embolism for applicant Kevin Miller (applicant) and that applicant sustained industrial injury in the form of sleep disturbance. Defendant contended that the impairment due to applicant’s pulmonary embolism injury should be determined at the time that applicant reached maximum medical improvement (MMI), and that applicant did not meet his burden to show industrial injury in the form of sleep disturbance. We received an answer from applicant. We received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ which recommended denial of the petition. We have reviewed the record and considered the allegations of the petition for reconsideration and the answer and the contents of the Report. Based on our review of the record and for the reasons in , the Report, which we adopt and incorporate except as to the issue of applicant’s permanent disability for pulmonary embolism injury (Report, p. 2 ¶4 – p. 3, ¶1), and for the reasons discussed below, we will rescind the F&A to defer t
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