Beaulieu Vineyards; Diageo North America, )’ Nc.; Ace Amepjcan Insurance Company, Administered By Broadspire Harry Anthony WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIHARRY ANTHONY, Applicant,vs.BEAULIEU VINEYARDS; DIAGEO NORTH AMERICA, INC.; ACE AMEPJCAN INSURANCE COMPANY, Administered By BROADSPIRE, Defendant.Case No. ADJ290692 (SRO 0121747); ADJ4310318 (SRO 0121748)OPINION AND ORDER GRANTING -RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Joint Findings, Award and Order issued bv a workers’ compensation administrative law judge (WCJ) on July 27. 2010. w herein the WCJ found, based on the parties’ stipulations and as relevant here, that applicant, while employed as a mechanic on February 21, 2002 (ADJ4310318 (SRO 0121748)) and during the period through June 28? 2002 (ADJ290692 (SRO 0121747)), sustained industrial injury to both knees, and that at the time of the injury applicant’s average weekly wage was $793.60. The WCJ also found that applicant’s injuries caused additional temporary disability from October 5. 2003 through July 12, 2007. and awarded additional temporary disability’ indemnity at the rate of $793.60. plus a 10% increase pursuant to Labor Code section 4650.’ Defendant contends the WCJ erred in awarding additional periods of temporary disability indemnity at the rate of $793.60 per w’cek (equivalent to the applicant’s average weekly wage), instead of at the rate of $529.07 per week. Defendant also contends the WC.l erred in assessing an additional 10% payment on retroactive temporary disability under section 4650. arguing that it had 1 Unless otherwise stated, all further statutory references are to the labor Code. , a reasonable medical or legal basis for contesting the period of retroactive temporary disability and that the issue oí increased benefits under section 4650 was not raised at trial. We have considered the petition for reconsideration and we have reviewe
