NUMMI; GALLAGHER BASSETT GOLD RIVER; MARCOS MATTA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARCOS MATTA, Applicant,vs.NUMMI; GALLAGHER BASSETT GOLD RIVER; Defendants.Case No. ADJ1865813 (SJO 0258389)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the April 27, 2009 Findings and Award wherein the workers’ compensation administrative law judge (WCJ) found that the applicant, while employed on March 8, 2006 as an auto worker, sustained an injury to his left wrist that caused 33% ‘permanent disability and that applicant is entitled to a Labor Code section 4658(d)(2) increase on all permanent disability payments after May 10, 2007. The WCJ also found that applicant’s primary treating physician is Dr. Newman. The WCJ awarded a penalty pursuant to Labor Code section 5814 in the amount of 25% of all permanent disability. Defendant contends that the WCJ erred in awarding 33% permanent disability, arguing that the WCJ failed to obtain a rating from the disability evaluation unit (DEU), and that the award is not based on substantial medical evidence. Defendant further contends that applicant is not entitled to a Labor Code section 4658(d)(2) increase on permanent disability payments. Defendant also contends that the WCJ erred in finding Dr. Newman to be applicant’s PTP. Finally, defendant contends that the WCJ erred in awarding penalty pursuant to Labor Code sections 5814. We have considered the petition for reconsideration, and we have reviewed the record in this matter. We have not received an answer from the applicant. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be , granted to amend the Findings and Award to decrease applicant’s permanent disability by 15% pursuant to Labor Code section 4658 and to disallow applicant’s penalty petition. For the reasons discussed below, we wil
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