ALLIED WASTE INDUSTRIES, INC.; AIG CLAIM SERVICES, JOSE ALBERTO, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE ALBERTO,, Applicant,vs.ALLIED WASTE INDUSTRIES, INC.; AIG CLAIM SERVICES,, Defendant(s).Case Nos. GOL 099368OPINION AND DECISIONAFTER RECONSIDERATION On May 21, 2007 we granted defendant’s petition for reconsideration of the Findings and Award dated March 1, 2007, wherein the workers’ compensation administrative law judge (WCJ) awarded temporary disability from February 6, 2006 to the present and continuing, in order to allow sufficient opportunity to further study the factual and legal issues in this case. This is our decision after reconsideration. We amend the award to provide that applicant is entitled to two additional days of temporary disability indemnity. Applicant, while employed as a trash collector on November 12, 2004, sustained an industrial injury to his back. He was paid temporary disability indemnity from November 22, 2004 to November 29. 2004 and from February 9, 2006 to December 13, 2006. The case came on for expedited hearing on February 8. 2007. The issue submitted for decision was applicant’s claim for temporary disability indemnity from February 9, 2006 (the date of his surgery) to the present and continuing. The parties stipulated that applicant remained temporarily totally disabled as to his back at the time of the hearing. In the Findings and Award dated March 1, 2007, the WCJ awarded temporary disability indemnity from February 9, 2006 to the present and continuing. In his Opinion on Decision, he interpreted Labor Code section 4656(c)(1)1 to mean that an applicant is limited to 104 weeks of 1Unless otherwise specified, all statutory references are to the Labor Code. , – indemnity after each “commencement of temporary disability” within two years of the date of injury. Thus, since applicant’s temporary had “commenced” on November 22, 2004 and again on February 9, 2006, he was entitled to
