Staffmark Investment, Llc; Ace American Insurance Company; Administered By Cannon Cochran, Hernan Fuentes, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHERNAN FUENTES,Applicant,vs.STAFFMARK INVESTMENT, LLC; ACE AMERICAN INSURANCE COMPANY; administered by CANNON COCHRAN,Defendants.Case No. ADJ10474797(San Bernardino District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant, Hernan Fuentes, has filed a petition seeking reconsideration or removal for review of the Findings and Order, served August 24, 2008, in which a workers’ compensation administrative law judge (WCJ) found applicant was not entitled to temporary disability indemnity for the period November 22, 2016 to August 8, 2017, as a consequence of his admitted November 3, 2015 industrial injury to his tight knee while employed as a truck driver by Staffmark Transportation. The WCJ found the reports of applicant’s primary treating physician were not substantial medical evidence to meet applicant’s burden to establish his entitlement to temporary disability. The WCJ relied instead upon the opinion of the panel Qualified Medical Evaluator (QME), Dr. Jayaraja Yogaratnam, that applicant’s condition reached maximum medical improvement (MMI) on June 9, 2016, three months after his knee surgery. Applicant contends the WCJ erred in finding he was not entitled to temporary disability indemnity for the period November 22, 2016 to August 8, 2017, arguing, first, that the WCJ ignored MRI evidence from April 4, 2017, that shows applicant had a “retear in the posterior horn of the medial meniscus,” which applicant contends challenges the finding that his condition was permanent and stationary as of June of 2016, or that he had a recurrence of temporary disability prior to April 4, 2017. Applicant requests, as an alternative to reversing the WCJ’s determination, that the matter be returned for further development of the medical record r
