LRH ENTERPRISES INC NATIONAL LIABILITY & FIRE INSURANCE c/o BERKSHIRE HA THA WAY HOMESTATE COMPANIES MIGUEL VILLALOBOS WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMIGUEL VILLALOBOS, Applicant,vs.LRH ENTERPRISES, INC; NATIONALLIABILITY & FIRE INSURANCE, c/oBERKSHIRE HA THA WAY HOMESTATECOMPANIES, Defendants.Case No. ADJ6577052(Van Nuys District Office)OPINION AND ORDERDENYING PETITION FORRECONSIDERATION Defendant seeks reconsideration of the April 15, 2014 Findings and Award issued by the workers’ compensation administrative law judge (WCJ), who found that applicant, while employed as a metal grinder/laborer during the period from January 9, 1987 through October 10, 2007 by LHR Enterprises, insured by National Liability and Fire Insurance Company and administered by Berkshire Hathaway, sustained injury arising out of and occurring in the course of employment (AOE/COE) to his respiratory tract (lungs), diabetes and circulatory system as a compensable consequence, causing temporary disability from October 10, 2007 through October 2, 2013, payable at $270.00 per week. The WCJ also determined that applicant has a 75% whole person impairment for his respiratory tract based upon the opinion of the reports of the Agreed Medical Examiner (AME), Or. Gerald Markowitz, M.D. The WCJ deferred a final determination of permanent disability and apportionment, however, pending submission of other relevant medical reports regarding additional alleged body parts of applicant’s head, heart, neck, psyche, back, arms and legs. The WCJ also found that applicant is in need of further medical treatment to cure or relieve from the effects of this injury. Defendant contends: (1) issues pursuant to Western Growers v. Workers’ Comp. Appeals Bd. (1993) 16 Cal.App.4th 227 [58 Cal.Comp.Cases 323], Labor Code sections 5412 and 5500.5 were not issues to be decided at the March 17, 2014 trial; (2) the WCJ’s Findings and Award violated defendant’s , due process rights
