SUNVALLEY FLORAL FARMS, Permissibly Self-Insured, JOSE L. MUNOZ, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE L. MUNOZ,, Applicant,vs.SUNVALLEY FLORAL FARMS, Permissibly Self-Insured,, Defendants).Case No.EUR 39345EUR39344OPINION AND ORDERSDENYING DEFENDANT’S PETITIONFOR RECONSIDERATION;GRANTING LIEN CLAIMANT’SPETITION FOR RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Lien claimant, Employment Development Department (EDD), and defendant seek reconsideration of the Joint Findings and Award issued May 23, 2007 wherein the workers’ compensation administrative law judge (WCJ) found that applicant sustained an industrial injury to his low back on February 22, 2005 (EUR 39345) and cumulatively “through March 23, 2005″ (EUR 39344). The WCJ also found that applicant sustained 34% permanent disability, after apportionment, and awarded enhanced benefits pursuant to Labor Code section 4658(dX2) as follows: “(7) Pursuant to the discussion in the attached Opinion on decision, the alternative work was not offered on the mandatory form prescribed by the Administrative Director in Rule 10133.53, nor was it offered within sixty (60) days of the date on which applicant became permanent and stationary, and finally there is no evidence that it was for employment described in Labor Code Section 4658.1(d), i.e. at a pay rate of at least 85% of applicant’s pre-injury earnings. Therefore, it is found that applicant is entitled to the compensation rate provided by Labor Code Section 4658(d)(2). Based upon the foregoing, permanent disability is payable at $220.00 per week from February 2, 2006, until sixty (60) days after applicant’s permanent and stationary date of March 1, 2006, to and including April 29, 2006, and thereafter at the rate of $253.00 per week commencing on April 30, 2006. The total permanent partial disability indemnity payable herein is $39.776.88.” , The WCJ awarded lien claimant, EDD payment, pursuant to its lien, as follows: *‘(10) The Emp
