Costco Wholesale, permissibly self-insured, administered by Sedgwick CMS Maria Colorado WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA COLORADO, Applicant,vs.COSTCO WHOLESALE, permissibly self-insured, administered by SEDGWICK CMS, Defendant(s).Case No. ADJ6653777OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the November 24, 2010 Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found, in pertinent part, that applicant, while employed as an assistant cashier on June 27, 2008, sustained industrial injury to her right elbow, that her condition became permanent and stationary on March 1, 2009, and that defendant is entitled to credit against any future permanent disability or temporary disability payments, for overpayment of temporary disability indemnity for the period March 2, 2009, through June 8, 2009. Applicant contends the WCJ erred in relying on the June 8, 2009 report of agreed medical evaluator (AME) Dr. Mark Mandel to find applicant’s condition permanent and stationary on March 1, 2009, and in awarding credit for overpayment of temporary disability indemnity, arguing that she was not released to return to work until her July 17, 2009 examination with treating physician Dr. Tomas Saucedo. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an Answer from defendant. The WCJ prepared a Report and Recommendation of Workers’ Compensation Administrative Law Judge on Petition for Reconsideration (Report), recommending that the petition be denied. , For the reasons discussed below, we will grant applicant’s petition for reconsideration, amend the Findings and Award to find a permanent and stationary date of June 8, 2009, and to find defendant not entitled to a credit, and otherwise affirm.BACKGROUND Applicant sustained an admit
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