COR-O-VAN/EMPLOYERS LEASING CO., ST. PAUL/TRAVELERS INSURANCE, MARIO CHAVEZ-PINEDA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIO CHAVEZ-PINEDA, Applicant,vs.COR-O-VAN/EMPLOYERS LEASING CO.,ST. PAUL/TRAVELERS INSURANCE, Defendants.Case No. ADJ3924904 (LAO 0859366)OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATIONDefendant, Cor-O-Van, by and through its insurer, St. Paul/Travelers Insurance, seeks reconsideration of the Supplemental Findings, Award and Orders, issued October 15, 2008, in which a workers’ compensation administrative law judge (WCJ) found applicant, Mario Chavez- Pineda to be temporarily disabled and entitled to further medical treatment including surgery to the back. In Finding of Fact Nos. 3 and 4, the WCJ found no evidence defendant paid temporary disability for 104 weeks from the first day of payment on June 17, 2006, but also found temporary disability limited to 104 weeks from June 17, 2008. The WCJ then awarded applicant 104 weeks of temporary disability for the period beginning June 17, 2006, less attorney fees of $6,500, less credit I for temporary disability previously paid. The WCJ ordered “defendant’s petition to terminate liability for temporary disability ends 104 weeks after 6/17/06.” In awarding spinal surgery, as recommended by applicant’s primary treating physician, Dr. Daniel Capen, the WCJ found defendant did not conduct utilization review, and that the Spinal Surgery Second Opinion physician did not examine applicant and the time to file his report expired on June 30, 2008. The WCJ reserved jurisdiction on remaining issues including penalties, attorney fees and permanent disability. , In contesting the WCJ’s determination, defendant asserts the WCJ erred first, in finding that there was no evidence it paid temporary disability; second, that the WCJ lacked authority to award interim attorney fees on benefits already paid; third, that the WCJ lacked authority to extend temporary di
