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Jocelyn Swain vs. James O. Green; Evelyn Green

James O. Green; Evelyn Green Jocelyn Swain WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOCELYN SWAIN, Applicant,vs.JAMES O. GREEN; EVELYN GREEN, Defendants.Case No. ADJ4406352 (LBO 0297903)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Award (Amended) of March 21, 2013, wherein it was found that, while employed as a patient care provider on October 25, 1998, applicant sustained industrial injury to her low back and knees, causing temporary disability from October 26, 1998 through January 27, 1999 and permanent disability of 9 1/2%. Applicant’s permanent disability was rated under the 2005 Schedule for Rating Permanent Disabilities.            Applicant contends that the WCJ erred in (1) finding temporary disability only from October 26, 1998 through January 27, 1999, (2) finding only 91⁄2% permanent disability, arguing that permanent disability should have been rated under the 1997 Schedule for Rating Permanent Disabilities, and in (3) deducting attorneys’ fees from the applicant’s recovery, rather than awarding attorneys’ fees in addition to the applicant’s recovery, as allowed by Labor Code section 4555. We have not received an answer, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report).            We will grant reconsideration and amend the decision to reflect that attorneys’ fees should have been awarded in addition to applicant’s recovery under Labor Code section 4555. We will otherwise affirm the WCJ’s decision for the reasons stated in the Report.////// , [justify]    Labor Code section 4555 states that:[/justify][justify]    “In case of failure by an employer to secure the payment of[/justify][justify]    compensation, the appeals board may award a reasonable attorney’s fee[/justify][justify]    in addition to the amount of compensation recoverable. When a fee is


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