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John Gretsinger, vs. Lori Gikas/pacific Muffler And Zenith Insurance,

LORI GIKAS/PACIFIC MUFFLER and ZENITH INSURANCE, JOHN GRETSINGER, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOHN GRETSINGER, Applicant,vs.LORI GIKAS/PACIFIC MUFFLER andZENITH INSURANCE, Defendant(s).Case No. ADJ2111208 (STK 0206802)OPINION AND DECISION AFTER RECONSIDERATION            On June 5, 2009, we granted applicant’s petition for reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in this case. This is our decision after reconsideration.            Applicant, while employed on September 12, 2006, as an exhaust installer, sustained an industrial injury to his left thumb. He was treated by Gary T. Murata, M.D., who found his condition to be permanent and stationary on February 28, 2007. He was examined by Ronald Levin, M.D., as a panel qualified medical evaluator (QME) pursuant to Labor Code section 4062.2.1 on September 19, 2007. Applicant took Dr. Levin’s deposition on September 17, 2008.            After trial, the workers’ compensation administrative law judge (WCJ) issued a Findings of Fact, Award and Order dated March 5, 2009, finding in relevant part that applicant’s permanent disability was 1%, that the report of Dr. Levin was admissible, and that the deposition of Dr. Levin in another case (Applicant’s Exhibit 2) was not admissible. On March 19, 2009, the WCJ issued an Amended Findings of Fact, Award and Order, finding that applicant’s permanent disability was 2% but otherwise affirming the original award. 1Unless otherwise specified, all statutory references are to the Labor Code. ,             On April 6, 2009, applicant filed a petition for reconsideration, contending that the WCJ should have admitted Applicant’s Proposed Exhibit 2 (the deposition of Dr. Levin in another otherwise unrelated case), that the WCJ should not have admitted Dr. Levin’s report into evidence because he violated section 4628, and that the WCJ should have allowed applicant to obtain another panel of QMEs. Defendan


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