UNITED STATES CAR STEREO, INC. dba RACE N’ ROCK; UNINSURED EMPLOYERS BENEFIT TRUST FUND, JOSHUA FALLER, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSHUA FALLER, Applicant,vs.UNITED STATES CAR STEREO, INC. dba RACE N’ ROCK; UNINSURED EMPLOYERS BENEFIT TRUST FUND, Defendants.Case No. ADJ4471499 (ANA 0388511)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the November 18, 2008 Findings of Fact, Order, and Award, wherein the workers’ compensation administrative law judge (WCJ) found that the applicant, while employed on September 28, 2004 as an installation manager, sustained an industrial injury to his back, left leg and psyche that caused temporary disability from August 1, 2005 until November 1, 2005 and from July 28, 2008 to the present and continuing.Defendant contends that the WCJ erred in finding the applicant Temporarily disabled after July 28, 2008, arguing that the finding is not supported by substantial medical evidence. We have considered the Petition for Reconsideration and we have reviewed the record in this matter. We have not received an answer from applicant. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that we deny reconsideration. For the reasons discussed below, we will grant reconsideration and amend the decision to defer the issue of temporary disability from July 28, 2008 and continuing, and otherwise affirm the WCJ’s decision. According to the August 4, 2008 Minutes of Hearing and Summary of Evidence (MOH/SOE), the applicant testified that he saw Dr. Miller on July 28, 2008 and Dr. Miller told him not to work due to his back condition. (MOHISOE, p. 11.) The WCJ awarded temporary disability “based upon the -applicant’s credible and , unrebutted testimony [that] his condition has markedly changed in the last few months; he has been advised by his Primary Treatin
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