Back Door Boardshop; Valley Force Insurance Company, adjusted by CNA Claims Plus Miles Wallace WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMILES WALLACE, Applicant,vs.BACK DOOR BOARDSHOP; VALLEY FORGE INSURANCE COMPANY, adjusted by CNA CLAIMS PLUS, Defendant.Case No. ADJ2266211 (GOL 0101534)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the December 7, 2010 Findings and Award of the workers’ compensation administrative law judge (WCJ), who found in pertinent part that applicant incurred industrial injury to his pelvis and bilateral hips while employed by defendant on February 28, 2001, causing 38% permanent disability without apportionment, and a need for future medical treatment. Defendant contends that the awarded permanent disability is too high because applicant continues to engage in a variety of activities, including surfing and snowboarding, and that the reporting of applicant’s Qualified Medical Examiner (QME) Gary Bradley, M.D., which was relied upon by the WCJ, is not substantial evidence. An answer was received from applicant. The WCJ also provided a Report and Recommendation on Petition for Reconsideration (Report), wherein it is noted that the rating of applicant’s permanent disability was based upon a finding that applicant was in occupational group 590, and not 390 as urged by defendant and as opined by the rater from the Disability Evaluation Unit (DEU). We grant reconsideration and amend the WCJ’s decision to find that applicant’s , occupational grouping is 390 based upon the weight of the evidence in the record. However, this amended finding does not change the 38% level of applicant’s permanent disability as found by the WCJ based upon substantial medical and other evidence, and the WCJ’s decision is otherwise affirmed. This case has previously been before the Appeals Board. In our earlier December 8, 2009 Opinion
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