County Of Kern Sheriff’s Office Permissibly Self-Insured Larry Studer WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALARRY STUDER, Applicant,vs.COUNTY OF KERN SHERIFF’S OFFICE, Permissibly Self-Insured, Defendant.Case No. ADJ7229753OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings of Fact and Award issued by a workers’ compensation administrative law judge (WCJ) on May 12, 2011, wherein the WCJ found, that applicant, while employed as a sergeant/police officer from November 1, 2009 to December 18, 2009, sustained industrial injury to his pulmonary system and heart, causing permanent total disability (100%) and a need for further medical treatment. Defendant contends the WCJ erred in finding permanent total disability, arguing that the pulmonary function tests recorded by the agreed medical examiner (AME), Timothy Reynolds, M.D., do not support Class 4 impairment for respiratory disorders. Defendant also contends that the WCJ exceeded the delegated powers of the Appeals Board by overruling its objection to applicant’s declaration of readiness to proceed, arguing it should have been allowed to conduct further discovery to develop the medical record. We have considered the petition for reconsideration and we have reviewed the record in this matter. Applicant filed an answer. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be granted and the Award amended to correct a clerical error, and that the petition otherwise be denied. , For the reasons set forth herein and in the WCJ’s Report, which we adopt and incorporate, we will grant reconsideration, and affirm the May 12, 2011 Findings of Fact and Award, except that we will amend the decision to correct a clerical error as recommended by the WCJ. In this matter, the WCJ relied on the only medical opinion offered,
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