DELTA AIRLINES and ACE ESIS WOODLAND, its administrator, JOYCE ABBOTT, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOYCE ABBOTT, Applicant,vs.DELTA AIRLINES and ACE ESIS.WOODLAND, its administrator, Defendants.Case No. ADJ1214407 (LBO 0333153)OPINION AND ORDER GRANTING RECONSIDERATION. AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award of February 4, 2009, wherein the workers’ compensation administrative law judge (WCJ) denied defendant’s appeal of the June 18, 2008 determination of the Rehabilitation Unit and found that applicant is entitled to vocational rehabilitation benefits during the period beginning July 16, 2003 to and including January 1, 2009. payable at the temporary disability rate. Defendant contends that the WCJ erred (1) in that the period of retroactive vocational rehabilitation benefits found exceeds the period claimed at the time of the mandatory settlement conference and (2) in denying defendant’s appeal of the Rehabilitation Unit determination, she relied on a medical report (Dr. Alban, April 28, 2003) that is not substantial evidence. Applicant has not filed an answer to the petition for reconsideration. We have we received a Report and Recommendation (Report) from the WCJ recommending that we deny the petition. We note that neither the petition for reconsideration nor the WCJ’s report discussed the effect of the repeal of Labor Code Section 139.5. On April 14, 2009 we granted reconsideration and issued an order allowing amicus briefs in the case of Lawrence Weiner v. Ralphs Company, permissibly self-insured and Sedgwick Claims Management Services (adjusting agent), WCAB Case No. MON 0305426 (ADJ347040) (Weiner). Weiner raises issues that we believe are applicable to this case: specifically, whether or not a WCJ , lacks jurisdiction to award vocational rehabilitation maintenance allowance by a decision that issued subsequent to the effective date
