Van Waters & Rogers; Zurich North America, Administered By Gallagher Bassett Services, Inc. Hi Rocky Hwang WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHI ROCKY HWANG, Applicant,vs.VAN WATERS & ROGERS; ZURICH NORTH AMERICA, AdministeredBy GALLAGHER BASSETT SERVICES, INC., Defendants.Case No. ADJ4303386 (LBO 0318793)OPINION AND DECISION AFTER RECONSIDERATION We previously granted defendant’s Petition for Reconsideration (Petition) to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Defendant sought reconsideration of the March 9, 2012 Findings and Award (F&A), wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a truck driver/material handler on October 25, 2000, sustained an industrial injury to his neck and right shoulder. The WCJ found that applicant was temporarily totally disabled from September 25, 2001 “to date and continuing,” and awarded temporary disability indemnity in keeping with this finding. The WCJ reserved jurisdiction over all other issues. Defendant contended that the WCJ erred in awarding temporary disability benefits after July 7, 2005, because applicant’s condition was permanent and stationary as of that date and, under Labor Code section 4656(c)1, applicant was not entitled to receive temporary disability benefits as he was not continuously temporarily totally disabled. We have not received an answer from applicant. The WCJ prepared a Report and Recommendation of Workers’ Compensation Administrative Law Judge on Petition for Reconsideration (Report), recommending that the Petition be denied. 1 Unless otherwise indicated, all further statutory references are to the Labor Code. , We have considered the Petition and the contents of the Report, and we have reviewed the record in this matter. For the reasons discussed below, we will rescind the decision of the WCJ.FACTS
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