Full Coverage Company; State Compensation Insurance Fund German Rodriguez Ortiz (Germain Rodriguez Ortiz) WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGERMAN RODRIGUEZ ORTIZ (GERMAIN RODRIGUEZ ORTIZ), Applicant,vs. FULL COVERAGE COMPANY; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. SRO 139769OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Defendant seeks reconsideration of the October 22, 2007 Findings and Award wherein the workers’ compensation administrative law judge (WCI) found that applicant, while employed as a laborer, on September 26, 2006 sustained industrial injury to right ankle and foot, causing temporary disability. The WCJ found that applicant’s average weekly earnings (AWE) were $630.70, equating to a temporary total disability rate of $420.51. In the Opinion on Decision, the WCJ explained that applicant from a second job earned an additional $1,600.00 in the year prior to his date of injury, or $30.77 weekly, and was entitled to an additional $20.51 weekly of temporary disability indemnity (TDI), which brought his rate to $420.51. Defendant contends the WCJ erred in basing his calculation of TDI on AWE of $630.70, arguing that applicant’s AWE from his primary employment were $393.90 per week because he did not work a 40-hour week. Defendant contends that although applicant is entitled to additional TDI from his second employment where he earned an additional $1,600.00 in the year prior to his injury, the WCJ should have found that applicant was entitled to an adjusted TDI rate of $283.11 per week, based on AWE of $393.90 per week from his primary employer and $: .70 per week from his second employer. , We have considered the petition for reconsideration and we have reviewed the record in this matter. An answer was received. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied.
