Truesdell Corporation; Seabright Insurance Company Ernest Callaway WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAERNEST CALLAWAY, Applicant,vs.TRUESDELL CORPORATION; SEABRIGHT INSURANCE COMPANY, Defendants.Case No. ADJ7262054OPINION AND ORDERS DENYING PETITION FOR REMOVAL, GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of a Findings and Award1 issued by a workers’ compensation administrative law judge (WCJ) on June 21, 2011. In the decision, the WCJ found that, while employed as a laborer on August 10, 2009, applicant sustained an industrial injury in the form of a hernia, causing temporary disability from August 11, 2009 to January 12, 2010 and “from the date of this decision and continuing,” as well as the need for further medical treatment. At trial, the applicant claimed that he was temporarily disabled during a single continuous period from August 13, 2009 to the present and continuing.2 Although the WCJ found a period of temporary disability “from the date of the decision and continuing,” the decision also contained orders stating that the “claim of additional period of temporary disability, as set forth in the Opinion on Decision, is deferred with jurisdiction reserved,” and “if payment of temporary disability indemnity is resumed, as set forth in the Opinion on Decision, defendant shall report cessation in accord with applicable law.” In the Opinion on Decision, the WCJ wrote: “Once [panel qualified medical evaluator, internist David] Baum[, M.D.] reported, there was medical opinion to support applicant’s claim of industrial injury. It was reasonable for applicant to defer surgery until then, and defendant is obligated to pay [temporary disability indemnity] to the date of his exam. 1 Although the WCJ’s decision was captioned Findings and Award, the decision also contains two orders.2 The WCJ did not explain the basis for his finding that the temporary disability period commenced on
