SAIA MOTOR FREIGHT; UNITED STATES FIDELITY AND GUARANTEED COMPANY STEVE BALTIERRA WORKERS’ COMPENSATION APPEALS BOARD2 STATE OF CALIFORNIASTEVE BALTIERRA, Applicant,vs.SAIA MOTOR FREIGHT; UNITED STATESFIDELITY AND GUARANTEEDCOMPANY, Defendants.Case No. ADJ1586634 (LAO 0884541)OPINION AND ORDER GRANTING RECONSIDERATIONAND DECISION AFTER RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report, which we adopt and incorporate, as well as for the reasons stated below, we will grant reconsideration, amend the WCJ’s decision as recommended in her report, and otherwise affirm the decision of October 9, 2013. We further note that in her Report, the WCJ recommends that applicant’s attorney be awarded fees based upon 15% of applicant’s recovery or the sum of $1,071.23, to be paid in addition to the permanent disability indemnity advanced. We agree with the recommendation, but we do not rely solely upon the WCJ’s Report, which refers to the WCAB’s Policy and Procedure Manual. In addition, we note that according to the Minutes of Hearing of June 4, 2013, defendant paid permanent disability indemnity from May 1, 2008 through January 31, 2009. Defendant made these payments when it knew, or should have known, that applicant was represented by counsel as of January 2008, when applicant’s attorney filed and served Notice of Representation. Under these circumstances, a lien for attorney’s fees was established, and defendant’s payment of all permanent disability, without withholding a sufficient amount for fees, means that defendant may be held liable for an award of attorney’s fees in addition to the permanent disability already paid. (Lucky Stores Inc. v. Workers’ , Comp. Appeals Bd. (Young) (1999) 64 Cal.Comp.Cases 590 (wr
