TRACY DODGE; STATE COMPENSATION INSURANCE FUND, JOSE CRUZ, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE CRUZ,, Applicant,vs.TRACY DODGE; STATE COMPENSATION INSURANCE FUND, .Defendant(s).Case Nos.STK 0192031OPINION AND DECISIONAFTER RECONSIDERATION On May 4, 2007 we granted defendant’s petition for reconsideration of the Findings of Fact and Award dated February 23, 2007, wherein the workers’ compensation administrative law judge (WCJ) awarded temporary disability indemnity from May 4, 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 temporary disability indemnity terminates 104 weeks after the date of the first payment of temporary disability payment, pursuant to Labor Code section 4656(c)(1) and Hawkins v. Amberwood Products (2007) 72 Cal.Comp.Cases 807 (appeals board en banc). Applicant, while employed as a detailer on May 5, 2004, sustained an industrial injury to his left lower extremity and back. He underwent surgeries to his left knee on July 29, 2005 and August 25. 2005. He underwent spinal fusion surgery on April 13. 2006. At the time of the trial on July 25, 2006, after which the case was submitted for decision without testimony, applicant was temporarily totally disabled. The parties stipulated that applicant was temporarily totally disabled “during the entire period of TD paid” (Minutes of Hearing, November 21, 2006). In its petition, defendant asserts that temporary disability was paid continuously from May 6, 2004 until May 3, 2006. , Petitioner contends that any payment of temporary disability indemnity for more than 104 weeks is barred by section 4656(c)(1). Applicant has filed an answer in which he contends that his injury on May 5, 2004 is not a “single injury” because two body pans were injured; that applicant should be entitled to tem
