Department Of Corrections; State Compensation Insurance Fund Henry Vega WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHENRY VEGA, Applicant,vs.DEPARTMENT OF CORRECTIONS; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case Nos. ADJ769732 (SAL 0120813)ADJ4662339 (SAL 0083272)ADJ705266 (SAL 0094125)ADJ2433088 (SAL 0094126)OPINION AND DECISION AFTER RECONSIDERATION On October 29, 2010, the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration of the August 26, 2010 Findings, Award and Orders to further study the factual and legal issues. This is our decision after reconsideration. In the August 26, 2010 Findings, Award and Orders, the workers’ compensation administrative law judge (WCJ) found that the applicant was not yet permanent and stationary and that “[t]he injury has caused additional temporary disability from 11/21/08 to date and continuing indefinitely thereafter.” Defendant Republic Indemnity contends that the WCJ erred in finding that the applicant is not yet reached maximum medical improvement, arguing that there is substantial medical evidence that the applicant is no longer temporarily disabled. Defendant also contends, that, even if the applicant is temporarily disabled, defendant is not obligated to pay temporary disability indemnity because Labor Code section 4656(c)(2) limits defendant’s liability. We have received an answer from the applicant and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report) recommending that defendant’s petition be granted and the decision amended to clarify that applicant is entitled to temporary disability , subject to the 104 week cap found in Labor Code section 4656(c)(2). For the reasons discussed below, we will rescind the August 26, 2010 Findings, Award and Orders, and return this matter to the trial level so that the WCJ may clarify which injury or injuries caused applicant to be temporarily disabl
