RALPHS GROCERY COMPANY, Permissibly Self-Insured; SEDGWICK CLAIMS MANAGEMENT SERVICES, Adjusting Agent, ALFREDO CASILLAS, WORKERS’ COMPSTATE OF CALIFORNIAALFREDO CASILLAS, Applicant,vs.RALPHS GROCERY COMPANY, Permissibly Self-Insured; SEDGWICK CLAIMS MANAGEMENT SERVICES, Adjusting Agent, Defendants.Case No. ADJ3152019 (MON 0298185)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the September 10, 2009 Findings and Order wherein the workers’ compensation administrative law judge (WCJ) found that the defendant is entitled to a credit for overpayment of temporary disability indemnity from June 18, 2007 through December 17, 2007 against future temporary disability indemnity and is not entitled to credit against permanent disability indemnity. Previously, the parties stipulated that the applicant sustained an industrial injury on June 27, 2002 to his foot and left knee that caused 15% permanent disability. Defendant contends that the WCJ erred in finding that the temporary disability overpayment credit can not be applied against permanent disability benefits, arguing that Labor Code section 4909 permits application of the credit against permanent disability benefits and that the applicant has been unjustly enriched. Defendant also contends that the WCJ should have disallowed the lien of the Employment Development Department (EDD), arguing that the applicant was permanent and stationary during the time period EDD paid benefits. We have considered the Petition for Reconsideration, and we have reviewed the record inthis matter. We have received an Answer from the applicant. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be , dismissed because defendant failed to verify its petition for reconsideration as required by Labor Code section 5902. The WCJ further recommends that, if the petition is
