ENTERTAINMENT PARTNERS, INC.; AIG COSTA MESA, CHRISTOPHER STIEPEKE, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHRISTOPHER STIEPEKE, Applicant,vs.ENTERTAINMENT PARTNERS, INC.; AIG COSTA MESA, Defendant.Case No. ADJ4176208 (VNO.0549338)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Findings and Award of July 2, 2009 wherein the WCJ found that, while employed as a grip on August 10, 2007, applicant sustained admitted industrial injury to his right elbow. As relevant to the instant petition for reconsideration, the WCJ found that applicant’s average weekly earnings “were sufficient to establish earnings of $1,145.54 and to produce a [temporary disability indemnity] rate of $763.69.” Defendant paid temporary disability indemnity at the rate of $505.29 per week corresponding to the period August 11, 2007 to February 22, 2008. There is apparently no dispute that the State of California Employment Development Department (“EDD”) paid “supplemental” benefits during the period August 18, 2007 through February 13, 2008 at the rate of $258.40 per week.’ In finding that the applicant had average weekly earnings of at least $1,145.54, the WCJ found that “[EDD was] entitled to recover its total lien” from the defendant. Defendant contends that the WCJ erred in finding that the applicant’s average weekly earnings were at least $1,145.54 per week, and thus argues that it is not liable for EDD’s lien. We have received an answer from the applicant, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (“Report”). For the reasons stated by the WCJ in her Report, which we hereby adopt and incorporate, we will deny the defendant’s petition for reconsideration. Defendant states in its petition for 1EDD’s actual notice of lien states that benefits were being paid at the rate of $588 per week. , reconsideration that the
