Smartcorp; California Insurance Guarantee Association, By Its Servicing Facility Sedgwick, For Legion Insurance Company, In Liquidation Gail Sake WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGAIL SAKE, Applicant,vs.SMARTCORP; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, By Its Servicing Facility SEDGWICK, For LEGION INSURANCE COMPANY, In Liquidation, Defendants.Case No. ADJ2985792 (POM 0293349)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION j Applicant seeks reconsideration of a workers’ compensation administrative law judge’s(WCJ) Findings and Award of July 20. 2010, wherein it was found that, while employed as a copy clerk on June 5, 200, applicant sustained stipulated industrial injury to her neck and internal system, as well as non-stipulated industrial injury to her psyche, and in the forms of osteomyelitis and infection. The WCJ found that the applicant’s injury caused temporary disability from October 10. 2000 to August 6, 2002, permanent disability of 45%. and the need for further medical treatment. The WCJ also made a finding that “[the injured worker failed to present and (sic) equitable basis to support either estoppel or laches.” Although the Minutes of Hearing of the March 9, 2010 trial in this matter lists “Applicant is raising estoppel and laches to defendant’s claim for overpayment of benefits (sic)” as an issue for determination, the Minutes of Hearing did not list credit for any overpayment of temporary disability as an issue for determination. Additionally, the Findings and Award of July 20, 2010 docs not contain any findings or awards regarding the issue of any credit for overpayment of temporary’ disability indemnity. Applicant contends that the WCJ erred in finding that (1) the “injured worker failed to present and (sic) equitable basis to support estoppel or laches” and in (2) finding the applicant , temporarily disabled from October 10, 2000 to only August 6, 2002, arguing that t
