YOUNG’S MARKET COMPANY and CAMBRIDGE INTEGRATED SERVICES, ERNEST PERALES, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAERNEST PERALES,Applicant,vs.YOUNG’S MARKET COMPANY and RECONSIDERATIONCAMBRIDGE INTEGRATED SERVICES, Defendant(s).Case No. ADJ269567 (OAK 0340985)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER Defendant seeks reconsideration of the Findings, Award and Orders issued October 29, 2008, wherein the workers’ compensation administrative law judge (WCJ) found that applicant sustained an industrial injury to his lumbar spine on February 27, 2007, “and in the form of a sleep disorder as a compensable consequence”, while employed as a “route driver”. The WCJ also found that applicant did not sustain an industrial injury to his cervical spine, thoracic spine or bilateral lower extremities. The WCJ awarded temporary disability benefits from July 24, 2007 to July 23, 2008 at the rate of $716. 33 per week. Finally, the WCJ noted that “issues of temporary disability after July 23, 2008, occupational group number, and permanent disability are not yet ripe for decision.” The Employment Development Department (EDD) was awarded reimbursement for benefits provided to applicant after July 24, 2007. Defendant contends that the WCJ erred: (1) by finding that applicant was not permanent and stationary at the time of the hearing on July 23, 2008 arguing that substantial evidence supports such a finding; (2) by finding that applicant was entitled to temporary disability benefits from July 24, 2007 to July 23, 2008 arguing that there is no substantial evidence which supports this finding; and (3) by finding defendant liable for the lien of EDD arguing that this award is based upon the finding regarding applicant’s temporary disability and that finding was an error. Applicant filed an answer. , Based upon our review of the record, and for the reasons set forth herein, we will grant defendant’s Petition f
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