State Of California, Department Of Transportation; State Compensation Insurance Fund David Albini WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID ALBINI, Applicant,vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. OAK 0335075OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Applicant and defendant each seek reconsideration. Defendant seeks reconsideration of the Findings and Award issued by the workers’ compensation administrative law judge (WCJ) on October 29, 2007, wherein the WCJ found, based on the parties’ stipulations, that applicant while employed as an equipment operator, on August 24, 2004, sustained industrial injury to his low back, causing him to be currently temporarily totally disabled. The WCJ found temporary disability indemnity (TDI)1 was paid, from October 5, 2004 through October 3,2005, after which applicant returned to work. Defendant then paid one day of TDI on October 4, 2006, for a total of 365 days of TDI. The WC] also found that applicant was entitled to up to an additional 52 weeks of TDI for a total of 104 weeks of TDI, and that the period applicant could receive TDI was not restricted to two calendar years after the first payment of TDI. On November 15, 2007, defendant filed its Petition for Reconsideration. Defendant contends that the WCJ erred in awarding temporary disability indemnity beyond the 104-week limitation in Labor Code section 4656, subdivision (c)(1)2, arguing that because it first paid TDI 1 [sub]In the Opinion on Decision, the WCJ noted that some of the TDI paid may have been labeled as IDL (industrial disability leave). The parties also stipulated that with respect to the payment of TDI, IDL payments are the equivalent of TDI. (Minutes of Hearing (MOH), 10/1/07, p. 2.)[/sub]2 [sub]Unless otherwise stated, all further statutory references are to the Labor Code.[/sub] , October 5, 2004, its liability
