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Luis Alvarez vs. Controlled Climate Construction, Inc., State Compensation Insurance Fund

Controlled Climate Construction, Inc., State Compensation Insurance Fund Luis Alvarez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALUIS ALVAREZ, Applicant,vs.CONTROLLED CLIMATE CONSTRUCTION, INC.,STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ3603544 (MON 0328878)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION ANDDECISION AFTER RECONSIDERATION            Defendant seeks reconsidera lion of the June 10, 2010 Opinion and Order Granting Reconsideration and Decision After Reconsideration, wherein Appeals Board rescinded the March 29. 2010 Findings and Award wherein the workers compensation administrative law judge (WCJ) found that the applicant sustained an industrial injury to his left ankle, psyche and internal organs on August 19. 2004, that caused permanent disability of 64%. and return the matter to the trial level for the applicant’s disability to be rated pursuant to the 1997 permanent disability rating schedule.            Defendant contends that the Appeals Board erred in rescinding the Findings and Award, arguing that applicant’s disability should be rated pursuant to the 2005 permanent disability rating schedule because applicant’s primary treating physician did not issue a report indicating the existence of permanent disability prior to January 1,2005.            We have considered the petition for reconsideration, and we have reviewed the record in this matter. Wc have received an answer from applicant. For the reasons discussed both below’ and in our decision of June 10. 2010, which we adopt and incorporate by reference, we will deny defendant’s petition for reconsideration.            Labor Code Section 4660(d), provides an exception to the application of the 2005 , permanent disability rating schedule if there is a “repon by a treating physician indicating the existence of permanent disability.” In Cenlyie Group v. Workers’ Comp. Appeals Bd. (Zavala) (2008) 158 Cal.App.4’h 705 f73 Cal.Comp.Cases 6] and in Zenith v. Worker

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