Wine Group, Inc.; Travelers Property Casualty Company of America Jarrad Jelsma WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJARRAD JELSMA, Applicant,vs. WINE GROUP, INC.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Defendants.Case No. ADJ7054442(Long Beach District Office) OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of the October 22, 2012 Findings And Award And Order of the workers’ compensation administrative law judge (WCJ) who found that applicant’s average weekly earnings at the time of injury were $1,085.27 per week producing a temporary disability rate of $723.51 per week, and issued an award of temporary disability indemnity at that rate for the period beginningMay 9, 2011 and continuing. It was earlier stipulated by the parties that applicant incurred industrial injury to his low back while employed by Wine Group, Inc., (Wine Group) as a shipping loader/unloader on April 22, 2009, causing 16% permanent disability. Defendant contends that five days after the trial it discovered evidence in the form of a “wage statement” of applicant’s earnings that it could not have discovered before trial with the exercise of reasonable diligence, and that the new evidence shows that applicant’s temporary disability indemnity rate should be $238.87 per week instead of the $723.51 awarded by the WCJ. An answer was not received. The WCJ provided a Report and Recommendation on Petition for Reconsideration (Report) recommending that reconsideration be denied. We have carefully reviewed the record and considered the allegations of the Petition For Reconsideration and the WCJ’s Report with respect thereto. For the reasons stated by the WCJ in his Report, which are incorporated by reference herein, and for the reasons below, we deny reconsideration , and affirm the WCJ’s award of retroactive temporary disability indemnity. However, we also conclude that defendant may petitio
