RALPHS GROCERY COMPANY; SEDGWICK CLAIMS MANAGEMENT, FRED SMITH, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFRED SMITH, Applicant,vs.RALPHS GROCERY COMPANY;SEDGWICK CLAIMS MANAGEMENT, Defendants.Case No. ADJ2056731 (LAO 0718571)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISIONAFTER RECONSIDERATION Applicant and defendant each seek reconsideration of the Findings, Award and Order issued on September 8, 2009, in which a workers’ compensation administrative law judge (WCJ) found, among other particulars, that applicant has permanent disability of 7 % after apportionment as the result of an industrial injury to his back, neck and shoulders on October 30, 1994, and was temporarily totally disabled from July 7, 1995 to April 12, 2004. Applicant contends that the WCJ erred by not properly rating applicant’s residual permanent disability before apportionment. In addition, applicant claims that there is no basis for apportionment in this case and that all permanent disability is due entirely to the industrial orthopedic injury. Defendant contends that the WCJ erred in finding that applicant was temporarily totally disabled from July 7, 1005 to April 12, 2004; in denying it credit for an alleged overpayment of indemnity; in finding an unreasonable delay in the payment of vocational rehabilitation maintenance allowance; in finding applicant entitled to future medical treatment; and in awarding applicant’s counsel attorney fees under Labor Code section 5814.5. Both parties have filed answers to their respective opponent’s petition for reconsideration. We have also received a Report and Recommendation on the Petitions for Reconsideration (Report) from the WCJ. At the outset, we note that the WCJ has identified a threshold matter that , he believes merits granting of the petitions for reconsideration and return of the matter to the trial level. The threshold matter is the existence of a timely request made on applic
