Capitol Buick Pontiac GMC; Zenith, Republic Indemnity Michael Kestel WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHAEL KESTEL, Applicant,vs.CAPITOL BUICK PONTIAC GMC;ZENITH, REPUBLIC INDEMNITY, Defendant(s).Case No. ADJ1793931OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of this Appeals Board’s “Opinion and Order Granting Petitions for Reconsideration and Decision After Reconsideration” of April 12, 2010, in which we granted the petitions for reconsideration filed by Zenith and RICA and reversed the WCJ on permanent disability. We found that applicant’s industrial injury to his upper extremities during die period January 17, 2006 through January 17, 2007 caused permanent disability of 16%, rather than the 24% found by the WCJ in the Findings and Award of January 21,2010. Applicant contends, in substance, that the Board erred in rejecting Dr. Henry, the Agreed Medical Evaluator (AME), in his opinion that applicant’s grip loss measurements were valid and accurate and demonstrated impairment under the AMA Guides, that the Board’s finding on permanent disability is not supported by Almaraz v. Workers’ Comp. Appeals Bd. (2009) 74 Cal. Comp. Cases 1084 [Appeals Board en banc) (“Almaraz ir’), and that the Board should have ordered further development of the medical record to ensure that Almaraz H was followed. Defendants Zenith and RJCA filed answers. We will deny applicant’s petition for reconsideration for the reasons stated in our prior opinion of April 12, 2010 which we adopt and incorporate herein. In reference to applicant’s continued reliance on Cortez v. Zurich North American (2007) 36 CWCR 41 and Hyatt Regency Hotel v. Workers’ Compensation Appeals Bd. (Foote) (2008) 73 Cal.Comp.Cases 524 [writ , denied], we distinguished those eases in our prior opinion and in any event they are not controlling authority herein. In addition, applicant’s petition fails to address ou
