DONNA VELAQUEZ PACKING; LIBERTY MUTUAL INSURANCE COMPANY, ARCADIO SOLIS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAARCADIO SOLIS, Applicant,vs.DONNA VELAQUEZ PACKING; LIBERTY MUTUAL INSURANCE COMPANY, Defendant.Case No. ADJ103591 (GRO 0035360)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award issued by a workers’ compensation administrative law judge (WCJ) on June 11, 2009, wherein the WCJ found that applicant, while employed as a laborer on July 21, 2007, sustained industrial injury to his left eye and that he is entitled to temporary total disability from April 17, 2008, and continuing. The WCJ also found that applicant is in need of consultation with a retinal specialist as recommended by the agreed medical examiner (AME) on December 5, 2008, and that defendant unreasonably denied the consultation. The WCJ assessed a penalty against defendant of 25% of the cost of the consultation with the retinal specialist. Defendant contends the WCJ erred in finding that defendant was liable for total temporary disability from April 17, 2008 and continuing, arguing that it tendered suitable employment. Defendant argues that applicant is only temporarily partially disabled and that, as a seasonal worker, he is not entitled to temporary disability indemnity (TDI) during the off season. Defendant also contends the WCJ erred in assessing a penalty against it for denying authorization of a consultation with a retinal specialist, arguing in essence that a penalty is not justified because it authorized the consultation on April 7, 2009. We have considered the petition for reconsideration and we have reviewed the record in this matter. Applicant has filed an answer. The WCJ has filed a Report of Workers’ Compensation , Administrative Law Judge on Petition for Reconsideration (Report), recommending that the petition be granted to modify the temporary disa
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