JAY AND DANA RODRIGUEZ; KEMPER AUTO & HOME INSURANCE COMPANY, adjusted by CRAWFORD & COMPANY, MICHAEL TILLMANNS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHAEL TILLMANNS, Applicant,vs.AND DECISION AFTER JAY AND DANA RODRIGUEZ; KEMPER AUTO & HOME INSURANCE COMPANY, adjusted by CRAWFORD & COMPANY, Defendant(s).Case No. ADJ3490254 (ANA 0399990)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award of July 6, 2009, in which the workers’ compensation judge (WCJ) found, in relevant part, that on June 20, 2006, applicant sustained industrial injury to both knees and his teeth, that applicant’s average weekly earnings were $700.00 per week, that the injury caused 44% permanent disability, after apportionment, that 10% of applicant’s permanent disability is due to his prior physical condition, and that applicant’s attorney is entitled to a fee of $835.00 for attending the deposition of the Panel Qualified Medical Examiner (QME), Dr. Shintaku. Defendant contends, in substance, that the evidence does not justify the WCJ’s findings on permanent disability and apportionment, that the WCJ erred in denying defendant’s motion to exclude the reports of Dr. Freeman, that defendant is not liable for those reports under Labor Code section 4062.3(g), that the evidence does not justify the WCJ’s finding on earnings, and that Labor Code section 4620 does not provide a basis for awarding applicant’s attorney a fee to attend Dr. Shintaku’s deposition. It appears that applicant did not file an answer. The WCJ submitted a Report and Recommendation, which we adopt only as specified below. , Defendant filed a supplemental petition in response to the WCJ’s Report. We have considered the supplemental petition, but it does not change our decision herein. Regarding the issue of earnings, we have considered the allegations of the Petiti
