Cemex, Inc., And American Home Assurance Company Adjusted By Gallagher Bassett Services, Inc. Gary Wickey WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGARY WICKEY, Applicant,vs.CEMEX, INC., and AMERICAN HOME ASSURANCE COMPANY Adjusted By GALLAGHER BASSETT SERVICES, INC., Defendant(s).Case No. ADJ6528875OPINION AND DECISION AFTER RECONSIDERATION On November 30, 2010, we granted applicant’s Petition for Reconsideration to further study the factual and legal issues raised in this matter. After reviewing the record, and for the reasons set forth herein, we will rescind the decision of the workers’ compensation administrative law judge (WCJ). Applicant sought reconsideration of the Findings and Order issued by a workers’ compensation administrative Jaw judge (WO) on September 9. 20)0. wherein the WO granted defendant’s Petition to Terminate Temporary Disability, finding that the defendant was required to pay applicant temporary disability (TD) indemnity pursuant to Labor Code section 4600. subdivision (eK I ): (hereafter ’’section 4600(e)(1)”) on May 28. 2008. the day on whieft defendant first paid TD to applicant within the meaning of section 4656. subdivision (c)(1) (hereafter “section 4656(c)(1)’’). The WO then concluded that defendant reached the limit of its liability for temporary disability indemnity on or about May 25. 2010. In his Petition for Reconsideration, applicant contended that defendant’s payment of benefits under section 4600(00 1 on May 28, 2008. for applicant to attend the evaluation by the 1 All further siaimory references arc to the Labor Code unless otherwise staled. , Panel Qualified Medical Evaluator (QME), Paul K. Schmidt, D.C.. was not payment of I’D under section 4656(c)(1). Applicant argued, citing Dept. of Rehabilitation v. Workers’ ( tnnp. Appeals Bd (Lauher) (2003) 30 CaJ.4th 1281 |68 Cal.Comp.Cascs 831J, that payment ol temporary total disability pursuant to section 4600(eXl) is in the nature of a
