Best Overnite Express, Inc.; Tower Select Insurance Ed Hoffman WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAED HOFFMAN, Applicant, vs.BEST OVERNITE EXPRESS, INC.; TOWER SELECT INSURANCE, Defendants.Case No. ADJ7865036 (Sacramento District Office)OPINION AND DECISION AFTER RECONSIDERATION On November 5, 2012, we granted reconsideration in this matter to provide an opportunity to further study the legal and factual issues raised by the petition for reconsideration. Having completed our review, we now issue our Decision After Reconsideration. Applicant, Ed Hoffman, filed a petition for reconsideration from the Findings of Fact and Order, issued August 14, 2012, in which a workers’ compensation administrative law judge (WCJ) found lien claimant, Employment Development Department (EDD) was not required to pay a portion of the attorney’s fee payable to applicant’s attorney out of the stipulated award of retroactive temporary disability indemnity, under Labor Code section 4903.2. Applicant contends the WCJ erred in finding Labor Code section 4903.2 was not applicable, and argues his attorney is entitled to receive a fee payable in part out of EDD’s recovery, where the efforts of applicant’s attorney were instrumental in obtaining EDD’s recovery. EDD hfs not-filed an answer to applicant’s petition. As all of the elements of Labor Code section 4903.2 have been met, we will grant reconsideration to rescind the WCJ’s determination and hold EDD liable for a share of applicant’s attorney’s fee.I. Applicant claimed he sustained an industrial cumulative trauma injury to his back over the period May 1, 2010 to May 1, 2011, while employed as a truck driver by Best Overnight Express. Defendant Tower Select Insurance Company initially denied applicant’s claim. Applicant then sought and obtained , benefits from EDD, for which it filed a lien in the sum of $9,892. The matter was set for expedited hearing on Fe
