Tommie W. Whitener; and State Compensation Insurance Fund Deborah Perrone Smith WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADEBORAH PERRONE SMITH, Applicant,vs.TOMMIE W. WHITENER; and STATE COMPENSATIONINSURANCE FUND, Defendant.Case No. ADJ6557198, ADJ6757976OPTION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award of November 16, 2009, wherein the workers’ compensation judge (WCJ) found, in essence, that applicant sustained admitted industrial injuries to her upper extremity, neck, and psyche on January 5, 1999, and during a period through April 1, 1999, while employed as a paralegal by Tommie Whitener, State 17% Compensation Insurance Fund’s insured on the dates of injury, and that applicant’s average weekly earnings (AWE) on the dates of injury, determined pursuant to Labor Code section 4453(c)(4)1, was $1,251.06, entitling her to temporary total disability indemnity2 at the weekly rate of $834.58. Defendant contends that applicant’s AWE is $791.02 and ostensibly, therefore, that her weekly temporary disability indemnity rate is $527.35, arguing that the WCJ erred in determining applicant’s AWE pursuant to section 4453(c)(4). Applicant did not file an answer to the petition for reconsideration. The WCJ prepared a Report and Recommendation (Report), addressing the merits of 1 All further statutory references are to the Labor Code, unless otherwise noted.2 The period of temporary disability caused by the injuries was not at issue, as an earlier decision, an August 4, 2009 Findings and August and Award, entitled applicant to an ongoing award of temporary disability indemnity from January 5, 1999, through August 4, 2009, excluding a period from approximately November 2000 to November 2002. , defendant’s petition for reconsideration and recommending, in relevant part, that we grant reconsideration for the sole purpose of correcting a cleric
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