VALENS, INC.; STATE COMPENSATION INSURANCE FUND, LAWRENCE SCOTT MILLER, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALAWRENCE SCOTT MILLER, Applicant,vs.VALENS, INC.; STATE COMPENSATION INSURANCE FUND,, Defendants).Case No.FRE 0235334OPINION AND DECISIONAFTER RECONSIDERATION On May 21, 2007 we granted defendant’s petition for reconsideration of the Findings of Fact and Award dated March 7. 2007 in order to allow sufficient opportunity to further study the factual and legal issues in this case. This is our decision after reconsideration. Applicant, while employed during the period ending November 27. 2004 as an auto body repair and estimator, sustained industnal injury to his right knee. It appears that defendant initially denied that the injury was industrial. However, by stipulated Order dated September 25. 2006. defendant was ordered to pay temporary disability indemnity from November 27, 2004 and continuing until applicant’s condition is declared permanent and stationary. On December 4. 2006 defendant filed a Petition to Terminate Liability for Temporary Disability Indemnity, alleging that it had paid temporary disability indemnity from November 27. 2004 through November 24. 2006, and that it had no further liability because of Labor Code section 4656(c)(1).1 Applicant objected and filed a Declaration of Readiness to Proceed requesting an expedited hearing on the issue. At the expedited hearing on February 7, 2007. the parties stipulated that the first temporary disability payment was made by check dated September 28. 2006 (Minutes of Hearing, page 2). On March 7. 2007 the workers’ compensation administrative law judge (WCJ) found that applicant 1 Unless otherwise specified, all statutory references arc to the Labor Code. , was temporarily totally disabled from November 27, 2004 to date and continuing and that temporary disability payments may not extend beyond September 28, 2008. The WCJ determined that under s
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