Aston Barnes, Inc.; State Compensation Insurance Fund Elias Montoya, WORKERS-COMPENS ATION APPEALS BOARDSTATE OF CALIFORNIAELIAS MONTOYA, Applicant,vs.ASTON BARNES, INC.; STATE COMPENSATION·INSURANCE FUND, DefendantCase No. SFO 0492831OPINION AND DECISION AFTER RECONSIDERATION On July 31, 2007 we granted defendant’s petition for reconsideration of the Findings and Award dated May 14, 2007, wherein the workers* compensation administrative law judge (WCJ) awarded a period of disputed temporary disability indemnity. We granted reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in this case. This is our decision after reconsideration.1 Applicant, while employed as a carpenter on December 21, 2004, sustained an industrial injury to his thoracic spine and chest and claims injury to his urologic system and psyche. He was paid temporary disability indemnity from December 22, 2004 through February 28, 2006. On January 1, 2005 he underwent a five-level spinal fusion from T-8 to L-l with instrumentation. As part of the surgery, soft tissue was removed from the posterior elements of spinal discs, and bone was harvested from the ileum for a bone graft. Although his condition stabilized in early 2006, it became worse in December 2006. After an expedited hearing on March 27, 2007, the WCJ issued the Findings and Award dated May 14, 2007, awarding temporary disability indemnity from December 13, 2006 to March 27, 2007 and continuing. In his Opinion on Decision, he based his decision on two grounds. First, applicant had suffered new and further disability pursuant to Labor Code section 54102 and that the 1 After reconsideration was granted, this matter had to be reassigned to a new appeals board panelist since prior panelist. Commissioner William K. O’Brien, was no longer sitting as a Commissioner.2 Unless otherwise specified, all statutory references arc to the Labor Code. ,
