San Leandro Unified School District Martin Vital WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARTIN VITAL, Applicant,vs.SAN LEANDRO UNIFIED SCHOOL DISTRICT, Defendants,Case Nos. ADJ4330809; ADJ820716OPINION AND DECISION AFTER RECONSIDERATION The Appeals Board (Board) granied both applicant’s and defendant’s Petitions for Reconsideration of the “Findings and Award” issued March 22, 2010 in order to study the facts and applicable law. The Board has completed its review and the following is our Decision After Reconsideration. In the “Findings and Award issued March 22. 2010. wherein the workers’ compensation administrative law judge (WCJ) found that applicant sustained an industrial injury to his hack and psyche on July 29. 1997. while employed as a utility worker. The industrial injury, “together with the one in the companion case”, resulted in temporary disability “which defendant paid through November 5. 2003 and additional total temporary disability from November 2. 2005 through April I, 2007.” The WCJ also found that applicant sustained 54% permanent disability and awarded future medical treatment. Defendant was ordered to adjust the lien of the California Employment Development Department. The WCJ’s decision was served by mail on all parties on March 22. 2010. In a petition filed May 17. 2010. defendant contends that the WCJ erred by awarding applicant additional temporary disability benefits from November 2. 2005 through April I. 2007. Additionally, defendant urges the Appeals Board to grant reconsideration on its own motion insofar as defendant acknowledges that its petition is untimely. Defendant explains that it was engaged in settlement discussions with applicant’s counsel and was surprised by applicant’s , refusal to settle future medical treatment benefits, which caused the parties to miss the deadline for filing a petition for reconsideration. In a petition filed May 17, 2010, applicant contends that the WCJ er
