Links Communications; Zurich San Francisco Sergio Oseguera WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASERGIO OSEGUERA, Applicant,vs.LINKS COMMUNICATIONS; ZURICH SANFRANCISCO, Defendant.Case No. ADJ4193239 (RDG 0115027)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the November 12, 2009 Findings and Award of the workers’ compensation administrative law judge (WCJ) who found that applicant’s admitted industrial injury to his low back while working for defendant as a cable installer on May 26, 2001, caused 73% permanent disability before apportionment and 61% permanent disability after apportionment, with a need for future medical treatment. The WCJ further found that the reporting of the parties’ Agreed Medical Examiner (AME) Ian MacMorran, M.D., was not substantial evidence, and that defendant violated California Code of Regulations, title 8, section 10718 by communicating directly with Richard Baker, M.D., the “regular physician” appointed by the WCJ to examine applicant and report on his condition pursuant to Labor Code section 5701, but that the reports of Dr. Baker would be allowed into evidence notwithstanding that violation.1 Applicant contends that the reporting of Dr. MacMorran is substantial evidence that supports a higher finding of permanent disability and that the reporting of Dr. Baker should have been stricken from the record because of defendant’s violation of Board Rule 10718. 1 California Code of Regulations, title 8, section 10718 is hereafter called “Board Rule 10718.” Further statutory references are to the Labor Code. , An answer was received along with the WCJ’s Report and Recommendation on Petition for Reconsideration (Report). We grant reconsideration, rescind the November 12, 2009 Findings and Award except for the finding that defendant violated Board Rule 10718 (Finding number 8), and order the reports of Dr. Baker stricke
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