American Cancer Society; St. Paul Travelers Kathy Yousef WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKATHY YOUSEF, Applicant,vs. AMERICAN CANCER SOCIETY; ST. PAUL TRAVELERS, in receivership, Defendants.Case No. POM 0289901; POM 0289902; POM 0289917; POM 0293022 OPINION AND ORDERDENYING PETITION FORRECONSIDERATION Applicant seeks reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Findings of Fact and Order of October 12, 2007, wherein the WCJ invoked the 104-week limit on temporary total disability contained in Labor Code section 4656(c)(1), and found that applicant was not entitled to any further temporary disability indemnity. In this matter, while employed as a manager, applicant sustained admitted industrial injuries to her lumbar spine on April 12, 2005 (POM 0289901), to her cervical spine and lumbar spine during a cumulative period ending on May 16, 2005 (POM 0289902), and to her cervical spine on May 14, 2005 (POM 028917). Applicant also alleged in POM 0293022 that she sustained a separate industrial injury to her cervical spine and lumbar spine after undergoing surgery on June 8, 2006. However, the WCJ found that the June 8, 2006 surgery did not constitute a separate industrial injury. Applicant contends that the WCJ erred in not finding her entitled to further temporary disability indemnity, arguing that the 104-week limit of temporary total disability contained in Labor Code section 4656(c)(1) does not apply when temporary disability is caused by more than one industrial injury, and arguing that the WCJ erred in finding that the June 8, 2006 surgery did not constitute a separate industrial injury. We have received an answer from the defendant and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (“Report”). In the Report, the WCJ , recommends that we deny reconsideration because “Petitioner has offered no medical evidence that the injured worker is act
