Circle K; Ace Insurance Company Muhammad Awan WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMUHAMMAD AWAN, Applicant,vs.CIRCLE K; ACE INSURANCE COMPANY, Defendant(s).Case No. ADJ3216258OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the May 4, 2010 Findings and Award issued by the workers compensation administrative law judge (WCJ) wherein the WCJ found, based on the parties’ prior stipulations, that applicant, while employed as a sales representative during theperiod from September 13, 2004 through September 13. 2005. sustained industrial injury to his low back and lower extremities causing 36% permanent disability with no basis for apportionment and causing need for further medical treatment. Defendant contends that the WCJ should have relied on the medical opinion of agreed medical evaluator (AME) Donald Kent, M.D., to find 40% apportionment to non-industrialfactors. Applicant filed an Answer in the form of correspondence dated June 15, 2010 which we reviewed and considered. The WCJ issued a Report and Recommendation of W. C. Judge 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 grantreconsideration and reverse the WCJ to find 40% apportionment. , In his Report, the WCJ stated that: “The WCJ did consider both reports by Dr. Kent, [M.D.,] AME including the 8/7/09 report. As in his first report of 9/27/06 [he] found no apportionment but in his later report when he reclassified the level of spinal disability to that of ORE III he asserted apportionment of injury attributable to a risk factor described by him as follows: “‘With the finding of lumbar instability, the impairment rating equates to 20% whole person impairment. As the stability itself was primarily a result of an underlying or congenital condition with some aggr
