RIO LINDA UNIFIED SCHOOL DISTRICT; and LIBERTY MUTUAL INSURANCE COMPANY, GILROY SMITH (Deceased) ILIANA SMITH, ET AL., WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGILROY SMITH (Deceased)ILIANA SMITH, ET AL., Applicants,vs.RIO LINDA UNIFIED SCHOOL DISTRICT; and LIBERTY MUTUAL INSURANCE COMPANY, Defendant.Case No. ADJ 1478335 (SAC 0317387)OPINION AND DECISION AFTER RECONSIDERATION On February 17, 2009, we granted defendant’s and applicant’s petitions for reconsideration of the Findings, Award and Order of November 21, 2008, to further study the issues presented. This is our Decision After Reconsideration. In the November 21, 2008 Findings, Award and Order, the workers’ compensation judge (WCJ) found, in relevant part, that the injured worker sustained an admitted industrial injury to his left shoulder and elbows on December 5, 2000, while employed as a food service worker by Rio Linda School District, Liberty Mutual Insurance Company’s insured on the date of injury, and that the injury caused, among other things, 39% permanent disability, an aggravation of the injured worker’s hepatitis C and, subsequently, his death on March 22, 2005. The WCJ, thus, awarded the injured worker’s dependants, the applicants herein, permanent disability indemnity totaling $32,130 and death benefits. In its petition for reconsideration, defendant contended that the admitted industrial injury did not cause the injured worker’s death, arguing that the opinion of applicants’ qualified medical evaluator is not substantial evidence because it is based on an incorrect medical and employment history and on speculation. , In their petition for reconsideration, applicants contended that the injury also caused a period of temporary disability and, accordingly, that temporary disability indemnity is due. The parties each filed an answer to the other party’s petition for reconsideration. The WCJ prepared a Report and Reco
