PROGRAPHICS; PREFERRED EMPLOYERS TIMOTHY ESCALERA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATIMOTHY ESCALERA, Applicant,vs.PROGRAPHICS; PREFERRED EMPLOYERS, Defendant(s).Case No. ADJ543664 (POM 0289767)OPINION AND ORDERGRANTING PETITION FORRECONSIDERATIONAND DECISION AFTERRECONSIDERATION Applicant seeks reconsideration of the Order Approving Stipulations and Award issued July 26, 2010. wherein the workers’ compensation administrative law judge (WCJ) approved the stipulations between the party and the Award based on those stipulations. In essence, the parties stipulated that applicant sustained an industrial injury on March 24. 2005 to his right shoulder and neck while employed as a warehouse worker. The attorney fee was omitted from the award. Applicant’s counsel contends that the WCJ erred by approving the Stipulations and Award without provision for counsel fee. In the Report and Recommendation on Petition foi Reconsideration (Report), the WCJ noted that applicant’s counsel “attempted to ‘walk thru’ an amended order; however, petitioner did not have a proof of service advising the applicant that petitioner was going to seek an amended award from which petitioner’s fee was going to be taken from”. (Report, page I). The WCJ recommended that the petition be granted and the matter returned to the trial level “so that petitioner can submit the requisite notice with proof of service.” Based upon our review- of the record, and for the reasons set forth herein, we will grant reconsideration, rescind the Order Approving the Stipulations and Award and return this matter to the trial level for further proceedings to consider applicant’s request for allowance of attorney fee. , However, we also note that this matter should have been resolved pursuant to California Code of Regulations, title 8, section 10859 which allows the WCJ to “amend or modify the order, decision or award or rescind the order, decision
