Mexican American Opportunity Foundation; State Compensation Insurance Fund Lena Contreras WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALENA CONTRERAS, Applicant,vs.MEXICAN AMERICAN OPPORTUNITY FOUNDATION; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ1231600 (VNO 0463419)OPINION AND ORDER DENYING RECONSIDERATION Siale Compensation Insurance Fund, the workers’ compensation insurance carrier for Mexican American Opportunity Foundation (defendant) seeks reconsideration of the Findings and Award issued on July 9, 2010, wherein a workers’ compensation administrative law judge (WCJ) found applicant temporarily totally disabled from April 8, 2008, to date and continuing and awarded her temporary total disability indemnity consistent with the finding. Defendant contends that the WCJ erred in finding that it is liable for temporary disability indemnity from April 8, 2008 and continuing, arguing that the Workers* Compensation Appeals Board (WCAB) lacks jurisdiction to award applicant a period of temporary total disability that began more than five years from the date of injury. We have considered the petition for reconsideration and we have reviewed the record in this matter. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. Applicant has not filed an answer to defendant’s petition for reconsideration. Based on our review of the record in this matter and for the reasons discussed below, wc will deny defendant’s petition for reconsideration.Statement of Relevant Facts Applicant, born July 20, 1965, while employed on September 27, 2001, as a home-based , teacher by defendant sustained an injury arising out of and occurring in the course of employment to her left shoulder and cervical spine. Applicant also claimed an industrial injury to the left side of her body. head, left eye. dental and psyche as a result of the incident on Septem
