Lyle Guidry, vs. State Of California, Department Of Developmental Services/lanterman State Hospital, Legally Uninsured; State Compensation Insurance Fund/state Contract Services, Adjusting Agency,

(ANA 0317428)This case is about Lyle Guidry, an applicant, who was employed as a psychiatric technician on September 21, 1993 and sustained an injury to his right wrist. The parties agreed to utilize an agreed medical examiner in orthopedics, G. Sunny Uppal, M.D., who concluded that Guidry was permanent and stationary for the right wrist and did not require further medical treatment. He referred Guidry to hand surgeon, John B. Gonzalez., M.D., to evaluate his right wrist. The surgeon recommended surgery to excise a ganglion cyst, which was performed on August 22, 2008. The Workers' Compensation Appeals Board granted reconsideration of the February 11, 2009 Findings, Award and

STATE OF CALIFORNIA, DEPARTMENT OF DEVELOPMENTAL SERVICES/LANTERMAN STATE HOSPITAL, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency, LYLE GUIDRY, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALYLE GUIDRY, Applicant,vs.STATE OF CALIFORNIA, DEPARTMENT OF DEVELOPMENTAL SERVICES/LANTERMAN STATE HOSPITAL, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency, Defendant.Case Nos. ADJ3056232 (ANA 0317428)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Findings, Award and Order issued by the workers’ compensation administrative law judge (WCJ) on February 11, 2009, wherein the WCJ found that applicant, while employed as a psychiatric technician on September 21, 1993, sustained industrial injury to his right wrist. The WCJ also found applicant is entitled to an award of temporary disability indemnity (TD1) from the time he underwent right wrist surgery on August 22, 2008, to the present and continuing.            Defendant contends the WCJ erred in awarding TDI beyond five years from the date of injury, arguing that the period of temporary total disability has not been continuous and did not arise until more than five years after the date of injury. Defendant argues that there is no substantial medical evidence that applicant continues to be temporarily totally disabled (TTD) after his wrist surgery for an excision of a ganglion cyst.We have considered the petition for reconsideration and we have reviewed the record in this matter. No answer was received. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. ,             For the reasons discussed below, we will grant reconsideration, rescind the February 11, 2009 Findings, Award and Order, and return the matter to the trial level for further proceedings to develop the reco

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