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Enrique Ruiz, vs. Arms Transportation, Inc.; Uninsured Employers’ Benefits Trustfund,

ARMS TRANSPORTATION, INC.; UNINSURED EMPLOYERS’ BENEFITS TRUSTFUND, ENRIQUE RUIZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAENRIQUE RUIZ, Applicant,vs.ARMS TRANSPORTATION, INC.;UNINSURED EMPLOYERS’ BENEFITS TRUSTFUND, Defendants.Case No. ADJ1982767 (LAO 0805809)OPINION AND DECISION AFTER RECONSIDERATION            We previously granted the petitions of applicant and his attorney for reconsideration of the May 13, 2009 Findings and Award & Order of the workers’ compensation administrative law judge, who found that applicant incurred industrial injury to his back, head, right hand, neck, psyche and neurological system with hearing loss while working for defendant as a driver/loader on October 31, 2001, causing a period of temporary total disability from that date through February 1, 2004, 83% permanent disability without apportionment, and a need for future medical treatment. As part of the award, which issued only against defendant’s employer on the date of injury, the WCJ also awarded applicant’s attorney a total fee of $20,000. In calculating the permanent disability indemnity due applicant, the WCJ increased the amount by 15% pursuant to Labor Code section 4658(d)(2).1            When we granted reconsideration on July 29, 2009 to further study the issues presented we also issued a Notice of Intention to adjust the award of permanent disability by eliminating the 15% increase made by the WCJ pursuant to section 4658(d)(2) because that adjustment appeared tobe incorrect based upon the date of injury.            We are in receipt of an August 10, 2009 letter response from applicant’s attorney to our 1Further statutory references are to the Labor Code. , Notice of Intention. In that letter, the attorney agrees that section 4658(d)(2) is not applicable in this case because the injury occurred on October 31, 2001 and section 4658(d)(2) only applies to injuries that occur several years after that date.            Applicant’s attorney further notes in his Aug


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