KRETZCIMAR STEEL/C AND R SALES, INC.; AMERICAN ALL RISK LOSS ADMINISTRATORS, JORGE ENRIQUEZ-PEREZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJORGE ENRIQUEZ-PEREZ, Applicant,vs.KRETZCIMAR STEEL/C AND R SALES, INC.; AMERICAN ALL RISK LOSS ADMINISTRATORS, Defendant(s).Case No. ADJ2347375 (ANA 0404756)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of the August 26, 2008 Findings of Fact and Award, wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a steel rebar bender on September 6, 2007, sustained industrial injury to his low back, causing temporary disability from October 17, 2007, to the present and continuing, and need for future medical care. Defendant contends the WCJ erred in finding that applicant sustained an industrial injury on September 6, 2007. We have considered defendant’s Petition and applicant’s Answer, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation of Workers’ Compensation Administrative Law Judge on Petition for Reconsideration (Report), recommending that the petition be dismissed as untimely or denied on the merits. For the reasons discussed below, we will deny the defendant’s petition for reconsideration. The WCJ summarized the background of this case, as follows, in his Report: “The applicant is a 52-year old steel rebar bender who alleges injury to his back while working for defendant on September 6, 26 2007. Defendant provided some medical treatment, but denied injury after an application was filed. The case was tried on July 31, , 2008. The issues were: injury AOE/COE, temporary disability, and medical care. This court found injury AOE/COE and issued an award on August 26, 2008. The award was served on all parties on the official address record. On December 19, 2008, defendant filed a
