Orange Plastics; State Compensation Insurance Fund Refugio Perez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAREFUGIO PEREZ, Applicant,vs.ORANGE PLASTICS; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ1350252 (LAO 0826780)OPINION AND DECISION AFTER RECONSIDERATION On May 10, 2010, we granted defendant’s Petition for Reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in this case. This is our Decision After Reconsideration. Applicant, while employed as a printing assistant on April 15, 2003, sustained an industrial injury to his psyche and both hands. After trial on December 8, 2009, the workers’ compensation administrative law judge (WCJ) issued a Findings and Award dated February 16, 2010, finding in relevant part that applicant was permanently totally disabled. In his Opinion on Decision, the WCJ states that in reaching his finding as to permanent disability, he relied on vocational evidence pursuant to LeBoeuf v. Workers’ Comp. Appeals Bd. (1983) 34 Cal.3d 234 [48 Cal.Comp.Cases 587]. On reconsideration, defendant contends that it was error for the WCJ to rely on vocational rehabilitation reports without expert witness testimony. Applicant filed an answer. On May 26, 2010, we ordered applicant to be evaluated by Burton Wixen, M.D., as a “regular physician” pursuant to Labor Code section 5701.1 On October 20, 2010, we issued a Notice of Intention to admit the report of Dr. Wixen dated June 18, 2010, the Request for Recommended Rating dated October 5, 2010, and the Recommended Rating dated October 7, 2010, into evidence and to submit the matter for decision. 1 Unless otherwise specified, all statutory references are to the Labor Code. , Applicant filed an objection to our notice. Applicant contends that Dr. Wixen states that he is capable of performing some type of work “as long as he does not need to work in an environment in
