MCKITTRICK RANCH; ZENITH INSURANCE COMPANY MARTIN GARCIA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARTIN GARCIA, Applicant,vs.MCKITTRICK RANCH; ZENITH INSURANCE COMPANY, Defendants.Case No. ADJ7523216(Bakersfield District Office)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the July 5, 2012 Findings of Fact and Award issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found that applicant sustained admitted industrial injury to his left shoulder while employed as a laborer on August 13, 2010. The WCJ further found that applicant became permanent and stationary on September 16, 2010 and that the injury herein caused temporary disability for which applicant had been adequately compensated and caused 2% permanent disability after apportionment. Applicant contends that the WCJ erred in relying on the opinion of panel qualified medical examiner (QME) Kenneth Baldwin, M.D., in finding 2% permanent disability arguing that Dr. Baldwin’s opinion is not substantial evidence, that the WCJ did not explain his reasoning for relying on Dr. Baldwin’s opinion, and that Dr. Baldwin failed to spend the minimum face-to-face time evaluating him. Defendant filed an Answer. The WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration. Based on our review of the record and for the reasons discussed below, we will grant reconsideration, amend the WCJ’s decision to defer the issue of permanent disability, otherwise affirm the July 5, 2012 Findings of Fact, rescind the Award, and return this matter to the trial level. As to the substantiality of Dr. Baldwin’s opinion, we agree with the WCJ that it is substantial for the reasons stated in his Report, which we adopt and incorporate herein, except for his recommendation that we deny reconsideration. , Neverthele
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