LAUREL SHEET METAL; and EMPLOYERS COMPENSATION INSURANCE COMPANY, BRAD M. WEISER, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABRAD M. WEISER, Applicant,vs.LAUREL SHEET METAL; andEMPLOYERS COMPENSATION INSURANCE COMPANY, Defendant.Case No. ADJ3658479 (MON 0326348)ADJ2546762 (MON 0325529)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award of February 10, 2009, wherein the workers’ compensation judge (WCJ) found, in essence, that applicant sustained admitted industrial injuries: 1) to his back and left leg on November 29, 2004 (case number MON 325529); and 2) to his back, neck, and right shoulder and upper extremity, as well as claimed additional body parts, during a period through November 29, 2004 (case number MON 326348), while employed as a mechanical engineer by Laurel Sheet Metal, Employers Compensation Insurance Company’s insured on the dates of injury. The WCJ also found, in essence, that although applicant already received two years of temporary disability indemnity (TDI) for his back condition and not withstanding the limitation pursuant to Labor Code section 4656(c)(1)1, he is entitled to an additional two years of TDI for his shoulder condition. Defendant contends that applicant is not entitled to any additional TDI, arguing that it already paid TDI for two years for the back condition, which was caused by both the specific and cumulative injuries, and, because the periods of temporary disability caused by the two injuries were concurrent, that applicant is precluded by section 4656(c)(1) from receiving additional TDI. 1All further statutory references are to the Labor Code, unless otherwise noted. , Applicant filed an answer to the petition for reconsideration.I. We have considered the allegations made in the petition for reconsideration and answer thereto, as well as the content of the WCJ’s Report and Recommendation.
