Coach USA; American Home Insurance administered by Sedgwick CMS David Snapp WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID SNAPP, Applicant,vs.COACH USA; AMERICAN HOME INSURANCE CMS, administered by SEDGWICK CMS, Defendant(s).Case No. ADJ2336181 (AHM 0129605) OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings, Award and Order (F,A&O) issued by the workers’ compensation administrative law judge (WCJ) on December 9, 20101 wherein the WCJ found that applicant was entitled to temporary disability, permanent disability, future medical treatment and attorney’s fees, and that defendant was entitled to a credit, Defendant contends that the WCJ erred in awarding temporary disability beginning October 28, 2005 to September 17, 2008 at the rate of $260.00 per week because the award was in violation of Labor Code section 4656, which limits payments to two years, and was not based on substantial evidence. We have not received an answer from applicant. We have considered the allegations of defendant’s petition for reconsideration. Based on our review of the record, the Report of the WCJ, and for the reasons discussed below, we will grant defendant’s petition for reconsideration 1 The F,A&O was amended on December 16, 2010 to include an attorney’s fee for applicant’s attorney of 15% on the temporary disability payment apparently in response to a petition for attorney’s fees by applicant, which was filed on December 13, 2010. Defendant’s petition for reconsideration does not address that issue. Its petition is for reconsideration of the December 9, 2010 F,A&O and is timely brought on the basis of that date. While we will address defendant’s petition herein, our order following reconsideration will be as to the Amended Findings, Award and Order of December 16, 2010. , as recommended by the WCJ in order to correct the temporary disability rate in Findi
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