Valley Crest Landscape Maintenance And Ace American Insurance Company, Administered By Esis, Inc., Santiago Gutierrez, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASANTIAGO GUTIERREZ,Applicant,vs.VALLEY CREST LANDSCAPE MAINTENANCE and ACE AMERICAN INSURANCE COMPANY, administered by ESIS, INC.,Defendants.Case Nos. ADJ7882921ADJ788397SADJ8I76306(Stockton District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Awards (F&A) issued by the workers’ compensation administrative law judge (WCJ) on February 16, 2017 wherein the WCJ found in pertinent part, in ADJ8176306, that applicant sustained injury to his right hand, that the injury caused 5% permanent partial disability, and that applicant was in need of medical care to cure or relieve the effects of the injury.1 Defendant contends that applicant did not meet his burden of proof to show injury to his right hand because the medical reports from Max Moses, M.D., the orthopedic Agreed Medical Evaluator (AME) do not constitute substantial evidence regarding applicant’s injury claim and that the occupational variant in the rating should be 491F not 491H. We received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ recommending the Petition be granted for the limited purpose of amending the Findings to correct the rating of applicant’s disability and that the Petition otherwise be denied, We received an Answer from applicant. 1 The WCJ made Findings regarding the other two injury claims that were tried with ADJ§176306; the Petition does not raise any issues pertaining to those injury claims thus we do not address any issues regarding ADJ7882921 and ADJ7883975, , We have considered the allegations in the Petition and the Answer and the contents of the Report. Based on our review of the record, for the reasons stated by the WCJ i
