CLOUGHERTY PACKING COMPANY, LLC., dba FARMER JOHN, Permissibly Self-Insured RAYMUNDO LOPEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARAYMUNDO LOPEZ, Applicant,vs.CLOUGHERTY PACKING COMPANY, LLC., dba FARMER JOHN,Permissibly Self-Insured, Defendant.Case No. ADJ6835597(Marina del Rey District Office)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the June 28, 2012 “ORDER VACATING AMENDED FINDINGS AND AWARD AND REINSTATING AWARD OF MAY 30, 2012” (Order) issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ rescinded an Amended Findings and Award issued on June 22, 2012 and reinstated a Findings and Award issued on May 30, 2012. Previously, in the May 30, 2012 Findings and Award, the WCJ found that applicant sustained admitted industrial injury to his right upper extremity while employed as a loin puller on June 30, 2009. The WCJ also found that defendant had failed to provide applicant with a timely notice pursuant to Labor Code1 section 4658(d) and, therefore, awarded applicant a 15% increase of permanent disability payments effective September 22, 2010. Defendant sought reconsideration disputing thesection 4658(d) increase. The WCJ then issued the June 22, 2012 Amended Findings and Award pursuant to Appeals Board Rule 10859. Therein, the WCJ found that defendant had served applicant with timely notice pursuant to section 4658(d) and, therefore, allowed a 15% decrease of permanent disability payments also beginning September 22, 2010. Thereafter, applicant filed a Petition for Reconsideration disputing the section 4658(d) decrease and the WCJ issued June 28, 2012 Order from which defendant seeks reconsideration herein. 1 All further statutory references are to the Labor Code, unless otherwise noted. , Defendant contends that the WCJ erred in failing to decrease the permanent disability award by 15% pursuant to section 4658(d)(3)(a) arguing
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