Nutrition Plus, Inc.; Preferred Employers Insurance Company Faustino Sandoval WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFAUSTINO SANDOVAL, Applicant, vs.NUTRITION PLUS, INC.; PREFERRED EMPLOYERS INSURANCE COMPANY, Defendant(s).Case No. VNO 541859OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Stipulation and Award issued October 10, 2007 wherein the workers’ compensation administrative law judge (WCJ) approved the stipulation between the parties in which defendant agreed to pay applicant retroactive temporary disability benefits from March 28, 2007 to the present and continuing at the rate of $240.00 per week. The parties also stipulated to the selection of three Agreed Medical Examiners in the specialty areas of orthopedics, internal medicine and psychiatry. Finally, applicant agreed to “transfer into MPN” and will be seen by an orthopedist, a psychiatrist and an internist. If the Agreed Medical Examiners find that applicant was not temporarily disabled from March 28, 2007 to the present, the sums paid by defendant shall be “converted into [an advancement of] permanent disability” benefits. Defendant contends that the stipulation should “be amended to reflect the correct temporary disability rate of $207.73 per week, and the right of defendants to take credit for the Employment Development Department (EDD) payments of $1728 paid to the applicant during the period April 24,2007 through September 14, 2007.” Applicant filed an answer. In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ recommended that reconsideration be granted to expressly “allow credit to defendant for reimbursement to EDD for benefits paid, if any, during the temporary disability period.” , Addressing the issue of applicant’s weekly temporary disability rate, the WCJ noted at page 3:[justify] “First, the undersigned notes that
