Four Winds, Inc.; State Compensation Insurance Fund Vicente Romero WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAVICENTE ROMERO, Applicant,vs.FOUR WINDS, INC.; STATE COMPENSATION INSURANCE FUND, Defendants.Case Nos. ADJ805012 (LAO 0852543) ADJ3752774 (LAO 0852544)OPINION AND DECISION AFTER REMITTITUR On May 24, 2011, the Court of Appeal, Second Appellate District, Division Seven, issued an unpublished opinion in State Compensation Insurance Fund v. Workers’ Comp. Appeals Bd. (Romero) 76 Cal.Comp.Cases 399. The Court held that State Fund’s petition to reduce disability was properly denied as untimely and that applicant was properly awarded attorney fees as costs. However, the Court found that the award of increased permanent disability was error. The Court concluded: “The petition for writ of review is granted in part and denied in part. The award of increased permanent disability from 35 percent to 100 percent is annulled. In all other respects the award is affirmed” (76 Cal.Comp.Cases at 406). This is our Decision After Remittitur. Applicant, while employed as a driver on July 5, 2002, sustained an industrial injury to “internal.” On December 11, 2006, he received a stipulated Award of 35 percent permanent disability and need for future medical treatment. On June 5, 2007, he filed a timely petition to reopen for new and further disability pursuant to Labor Code sections 5410 and 5803.1 He was examined by Alvin Markovitz, M.D., as agreed medical evaluator (AME) on February 5, 2008. Dr. Markovitz concluded that he was permanently totally disabled and that his injury was not work-related. State Fund filed a petition to reduce disability on April 14, 2008. 1 Unless otherwise specified, all statutory references are to the Labor Code. , After trial, the workers’ compensation administrative law judge (WCJ) issued a Findings of Fact and Award dated February 10, 2010. The WCJ found in relevant part that there was good cau
