SAN DIEGO UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, SCRMA, THOMAS VIGIL, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATHOMAS VIGIL, Applicant,vs.SAN DIEGO UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, SCRMA, Defendant(s).Case No. ADJ3639705 (SDO 0351917)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. The parties sought reconsideration of the Findings and Award of March 20, 2009, wherein the workers’ compensation administrative law judge (WCJ) found, in pertinent part, that applicant, while employed as a Lead Iron Worker during the period December 13, 2005, to December 13, 2006, sustained industrial injury to his lumbar spine/low back, causing “permanent partial disability in an amount to be determined.” He found, “The issue remains regarding legal apportionment of permanent disability due to a prior stipulated Award to the lumbar spine, and/or other factors.” With regard to applicant’s attorney’s request for a fee for procuring denied temporary disability indemnity, the WCJ found that he is unaware of authority to award this fee, but would consider amending his finding if such authority is found. Applicant contended that the WCJ erred in denying attorney’s fees for the retroactive temporary disability benefits paid by defendant, and that defendant failed to present substantial evidence on apportionment and should not have been given another bite of the apple. Defendant contended the WCJ erred in failing to make a decision on permanent disability and apportionment, arguing that it has met its burden of proving apportionment under Labor Code section 4664, based , on applicant’s two prior 22% awards. We have considered the Petitions for Reconsideration, defendant’s Answer, and the WCJ’s Report and Recommendation on Defendan
