EAST BAY MUNICIPAL UTILITY DISTRICT; Permissibly Self-Insured, Administered By ATHENS ADMINISTRATORS, DAVID COFFMAN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID COFFMAN Applicant,vs.EAST BAY MUNICIPAL UTILITY DISTRICT; Permissibly Self-Insured, Administered By ATHENS ADMINISTRATORS, Defendant(s).Case No. ADJ3821371 (OAK 0345422)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award issued by the workers’ compensation administrative law judge (WCJ) on April 8, 2009, wherein the WCJ found that applicant, while employed as a heavy equipment operator on November 29, 2007, sustained industrial injury to his left ankle and back. The WCJ also found that the injury caused temporary disability from February 22, 2008, through the present and continuing, except for four days of employment in October 2008. Defendant contends the WCJ erred in finding that applicant was entitled to an award of total temporary disability, arguing that this finding was not supported by substantial evidence because it was in conflict with the medical evidence. We have considered the petition for reconsideration, and we have reviewed the record in this matter. Applicant filed an answer. 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 reconsideration, rescind the April 8, 2009 Findings and Award, and return the matter to the trial level for further proceedings and a new decision by the WCJ.FACTS As relevant here, applicant sustained an admitted injury to his left ankle and low back on , November 29, 2007. The matter proceeded to hearing on March 25, 2009. The primary issue was framed as follows: “Claimed entitlement to temporary disability indemnity beginning February 22, 2008 through the present and continuing, less four days in Oc
