FIXTURE PRO; and CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, on behalf of LEGION INSURANCE COMPANY, in liquidation, SAM AVINA, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASAM AVINA,, Applicant,vs.FIXTURE PRO; and CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, on behalf of LEGION INSURANCE COMPANY, in liquidation,, Defendants.Case No. ARM 0088770OPINION AND ORDERDISMISSING PETITION FORRECONSIDERATION In a petition for reconsideration filed on June 15, 2007, defendant seeks reconsideration of our Opinion and Granting Reconsideration and Decision After Reconsideration of May 21,2007. However, on July 2. 2007, the parties filc<£ a stipulation that addresses the sole issue raised in defendant's petition for reconsideration. Therefore, in light of the parties' stipulation, we will dismiss defendant's petition for reconsideration and return this matter to the trial level workers’ compensation administrative law judge (WCJ) to consider and, if she deems it adequate, approve the proposed settlement of the issue of applicant’s permanent total disability indemnity rate. Moreover, we note that the typographical error regarding applicant’s indemnity rate was made in summarizing the underlying decision issued by the WCJ. It was not an express finding of fact or an express award of indemnity at a specific rate. Thus, neither party was actually aggrieved by the statement. Additionally, defendant was not newly aggrieved by the Opinion and Granting Reconsideration and Decision After Reconsideration of May 21, 2007. Therefore, for these reasons, too, we will dismiss defendant’s petition. , For lhe foregoing reasons,IT IS ORDERED that defendant’s petition for reconsideration of the Opinion and Order Granting Reconsideration and Decision After Reconsideration of May 21, 2007, is DISMISSED.WORKERS' COMPENSATION APPEALS BOARD________________________________________RONNIE G. CAPLANEI CONCUR,________________________________________ALFONSO J. MORESI
