The Kroger Company dba Ralphs Grocery, Permissibly Self-Insured George Velasquez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGEORGE VELASQUEZ, Applicant,vs.THE KROGER COMPANY dba RALPHS GROCERY,Permissibly Self-Insured, Defendant.Case Nos. ADJ721289 (POM 0278079)ADJ1988208 (POM 0278080)ADJ6759922OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant, The Kroger Company dba Ralphs Grocery Company, permissibly self-insured, seeks reconsideration of the Joint Findings and Award and Order, issued March 12, 2013, in which a workers’ compensation administrative law judge (WCJ) found applicant, George Velasquez, sustained a period of temporary total disability from February 17, 2005 through December 17, 2007, as a result of an April 24, 1999 industrial injury to his back and spine while employed as a warehouseman. Defendant was ordered to adjust the amount owing to applicant Defendant contests the award of temporary disability indemnity, arguing there is no substantial medical evidence in the record to justify the award. Defendant further argues that applicant’s claim for temporary disability is barred by res judicata, since the Court of Appeal previously decided applicant was not entitled to payment of a retroactive vocational rehabilitation maintenance allowance for the same period. Applicant has filed an answer to defendant’s petition. As we find there is no substantial medical evidence in the record that establishes applicant was temporarily disabled during the period at issue, we shall grant reconsideration and rescind the WCJ’s award.I. Applicant sustained three admitted injuries to his back and spine while employed as a warehouseman by Ralph’s Grocery Company; an injury on April 24, 1999, a cumulative trauma injury , during the period 1995 through December 30, 1999, and a second period of cumulative trauma between 2001 and February 26, 2004. Dr. David Kim issued a r
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