Ultimate Staffingservices; Zorich American Insurance Company Adjusted By Novapro Risk Solutions Inc. Daniel Maltos WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADANIEL MALTOS, Applicant,vs.ULTIMATE STAFFINGSERVICES; zORICH AMERICAN INSURANCE COMPANY adjusted by NOVAPRO RISK SOLUTIONS INC., Defendant(s).Case No. FRE 023807.3OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFfER RECONSIDERATION Defendant seeks reconsideration of the November 8, 2007 Findings and Award, wherein the workers’ compensation administrative law judge (“WCJ”) found, in pertinent pan, that applicant, while employed as a forklift drivcr/laborer on August 6, 2005, sustained industrial injury to his back, causing temporary disability from August 7, 2005. The WCJ found that applicant’s earnings were $390.00 per week, and she awarded temporary disability indemnity at the rate of $260.00 per week. Defendant contends that the WCJ’s finding that applicant’s earnings were $390.00 per week is not justified by the evidence or by Labor Code section 4453(cXl) or (4). We have considered the Petition for Reconsideration and applicant’s Answer, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (“Report”), recommending that the petition be denied. For the reasons discussed below, we will grant the petition for reconsideration and amend the Findings and Award to find earnings of $320.00 per week, resulting in a temporary disability indemnity rate of $213.33. , The parties stipulated at trial on August 7,2007, that applicant sustained industrial injury to his back, while employed by Ultimate Staffing Services, and that defendant paid temporary disability indemnity at the rate of $126 per week for the period October 21, 2005, through December 21, 2005, and from October 11, 2006, to the present Applicant also claimed to have sustained injury “to pain into
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