City of San Rafael, permissibly self-insured by REMIF Eric Kruse WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAERIC KRUSE, Applicant,vs.CITY OF SAN RAFAEL, permissibly self-insured by REMIF Defendant(s).Case No. ADJ6884562OPINION AND DECISION AFTER RECONSIDERATION On April 14. 201Ü, we granted defendant’s petition for reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in this case. This is our decision after reconsideration. Applicant, while employed as a parking enforcement officer on April 11, 2008. sustained an industrial injury to his neck and right elbow. He was temporarily totally disabled from December 19. 2008. through December 21, 2008, after which he returned to his regular job. His treating physician found his condition to be permanent and stationary’ on June 11, 2009. On July 10. 2009. his cmploycrl made an offer of regular work pursuant to Labor Code section 4658(d)((3)(A)J On October 27, 2009, applicant, who is not represented by an attorney, submitted amended Stipulations with Request for Award, stipulating that his permanent disability was (>%. I*he issue of the amount of his permanent disability indemnity was submitted to the workers’ compensation administrative law judge (WCJ) for decision on the record. In a Findings and Award dated January’ 27, 2010, the WCJ found that applicant was entitled to permanent disability indemnity of $4140.00. without reduction pursuant to section 4658(d)(3)(A). in his Opinion on Decision, the WCJ stated that all of the permanent indemnity was due prior to the employer’s offer of regular 1 Unless otherwise specified, all statutory references arc to the Labor Code. , employment; thus, there were no payments “remaining to be paid” to which the reduction in section 4658(d)(3)(A) could be applied. On reconsideration, defendant contends that no permanent disability indemnity was payable until applicant’s condition became
