Lodarcy Masse Construction; Risk Enterprise Management Sergio Cervantes WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASERGIO CERVANTES, Applicant,vs.LODARCY MASSE CONSTRUCTION; RISK ENTERPRISE MANAGEMENT, Defendant(s). Case No. ADJ1600212 (LAO 0809682); ADJ1686620 (LAO 0809668)OPINION AND DECISION AFTER RECONSIDERATION We previously granted applicant’s and defendant’s petitions for reconsideration to further study the factual and legal issues in this case This is our Opinion and Decision After Reconsideration. Applicant and defendant each sought reconsideration of the Findings and Award issued by a workers’ compensation administrative law judge (WCJ) on September 14. 2009. wherein the WCJ found that applicant, while employed as a laborer on November 11. 2001 (ADJ1600212) and from November 2001 to February 2002 (ADJ1686620). sustained industrial injury to his groin and back, causing permanent disability of K% in ADJI6002I2 and 24% in ADJ1686620. The WCJ also found that applicant’s earnings were $420.00 per week, and that applicant’s attorney was entitled to a fee of 15% of the permanent disability awarded. The W CJ further found that the appeal from the determination of the Rehabilitation U nit (RU) filed b> defendant on October 31. 2006 was untimely. Previous!), on March 6. 2006. the RU round that applicant is entitled to retroactive vocational rehabilitation maintenance allowance (VRM )at the delay rate from March I. 2002 through the present and continuing. Applicant contended that the WCJ erred in finding that applicant’s average weekly earnings were $420.00 per week, arguing that the WCJ should have found that applicant’s earning capacity was S600.00 per week. Applicant’s attorney, on her own behalf, also , contended that the WCJ erred in failing to award her an attorney’s fee of 15°«. of the temporary disability awarded. No answer was received. Defendant contended that the WCJ erred in finding that its appeal filed on
