OAKLAND OPERA THEATER and STATE COMPENSATION INSURANCE FUND MARCO PERIS WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARCO PERIS, Applicant,vs.OAKLAND OPERA THEATER and STATE COMPENSATIONINSURANCE FUND, Defendants.Case No. ADJ6707712(Oakland District Office)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION Applicant, Marco Peris, seeks reconsideration from the Opinion and Decision After Reconsideration, issued July 18, 2012, in which we rescinded the Findings and Award, issued March 30, 2012, and returned the matter to the trial level for further development of the record on the issue of applicant’s future earning capacity. In the Findings and Award, a workers’ compensation administrative law judge (WCJ) found applicant, Marco Peris, sustained 100% permanent disability as a result of his admitted October 30, 2007 industrial injury. The WCJ found applicant’s future earning capacity was sufficient to yield a maximum rate for permanent disability in the amount of $881.66 per week, and he was awarded this rate for life, beginning October 31, 2009, when he reached permanent and stationary status. Applicant contests the Decision After Reconsideration, arguing that we were bound to accept applicant’s unrebutted testimony that he earned $38.00 per hour as a journeyman laborer, and that by requiring documentation to establish actual earnings, the Appeals Board is setting a “dangerous precedent” that would unfairly prejudice workers who are paid in cash by “unscrupulous employers.” Applicant further argues that the WCJ’s finding that applicant’s earnings were maximum for permanent disability benefits was not speculative, in view of applicant’s testimony as to his intended, but interrupted, future career path. On reconsideration, after an extensive review of the factual record, we rescinded the WCJ’s , Findings and Award and returned the matter to the trial level to further develop the record on the issue of applicant’s futu
