City of Anaheim, Permissibly Self-Insured James B. Ott WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAMES B. OTT, Applicant,vs.CITY OF ANAHEIM, Permissibly Self-Insured, Defendant.Case Nos. ADJ4088637; ADJ622123OPINION AND ORDER DENYING RECONSIDERATION Defendam seeks reconsideration of our May 26, 2010 Opinion and Order Correcting Clerical Error (Order) wherein we ordered that Joint Finding of Fact No. 3 in our earlier October 21, 2009 Opinion and Decision After Reconsideration (Decision) be changed to state, “The applicant is entitled to temporary disability beginning January 23, 2002…” (Emphasis added.) Prior to the issuance of our Order, the Joint Finding of Fact No. 3 in the October 21. 2009 Opinion and Decision read. The applicant is entitled to tempoiary disability beginning January 23. 2004…” (Emphasis added.) Defendant contends that the “January 23, 2004” date set forth in the Decision was not a “clerical error” but a form of “judicial error” that could not be corrected by the Order. An answer was received. We deny reconsideration. In our October 21. 2009 Decision we addressed the December 3. 2008 Amended Findings and Awards of the workers’ compensation administrative law judge, who specified in that December 3, 2008 decision that applicant is entitled to temporary disability beginning “January 23, 2003.” We expressed no reason or intention in our October 21. 2009 Decision to change the “January 23. 2003” date of temporary disability as found by the WCJ. , When defendam petitioned for reconsideration of the WCJ’s December 3. 2008 decision it did not J challenge the WCJ’s finding that applicant is entitled to temporary disability beginning “January 23, 2003.” and as a result any challenge by defendant to that finding was waived. Defendant also is not new’ly aggrieved by our May 26. 2010 Order, which merely restated the unchallenged temporary disability date as earlier found by the WCJ. T
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