CKE RESTAURANTS and ST. PAUL Travelers, DANIEL LOZANO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADANIEL LOZANO, Applicant,vs.CKE RESTAURANTS and ST. PAUL Travelers, Defendants.Case No. ADJ3996101 (STK 0179532)OPINION AND ORDER DENYING PETITION FORRECONSIDERATION Defendant seeks reconsideration of the September 17, 2009 Findings and Further Order, wherein the workers’ compensation administrative law judge (WCJ) found that “the applicant is temporarily totally disabled and has been so since 8-25-06.” Defendant contends that the WCJ erred in finding that the applicant has been temporarily disabled since August 25, 2006, arguing that there is no medical evidence that the applicant was temporarily disabled until applicant had surgery in July of 2009 and any temporary disability resulting from the surgery is barred by Labor Code section 5410 statute of limitations because it occurred more than 5 years after applicant’s injury.1 We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an Answer from applicant. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be 1We note that defendant has attached exhibits to its petition for reconsideration. We refer counsel to Appeals Board Rule 10842. which provides in part: ” Copies of documents that have already been received in evidence or that have already been made part of the adjudication file shall not be attached as exhibits to petitions for reconsideration… [D]ocuments attached in violation of this rule may be detached from the petition reconsideration or answer and discarded.” (Cal. Code Regs, tit. 8, § 10842.) If defendant has discovered new material evidence that has not yet been admitted into evidence, defendant should include in its petition for reconsideration a request to admit the documents into evidence and a discussion of why defendant “co
