SAN DIEGO RURAL FIRE PROTECTION DISTRICT, MICHELLE CAMP, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHELLE CAMP, Applicant,vs.SAN DIEGO RURAL FIRE PROTECTION DISTRICT, RECONSIDERATION Defendant(s).Case No. ADJ3847846 (SDO 0345131)OPINION AND ORDER GRANTING PETITIONS FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant and defendant seek reconsideration of the February 26, 2009 Findings, Award and Orders, wherein the workers’ compensation administrative law judge (WCJ) found that applicant’s injury of August 20, 2005, caused temporary disability from July 25, 2007, through December 8, 2007. The WCJ had previously found, pursuant to stipulation, that applicant, while employed as a volunteer firefighter on August 20, 2005, sustained industrial injury to her low back. Applicant contends the WCJ erred in failing to award an attorney’s fee. Defendant contends that the WCJ erred in awarding temporary disability indemnity through December 8, 2007, that temporary disability should terminate on November 5, 2007, and that defendant is entitled to a credit for overpayment since it has already paid the full amount awarded. We have considered the Petitions for Reconsideration, and we have reviewed the record in this matter. The WCJ prepared a Report on Petitions for Reconsideration (Report), recommending that applicant’s petition be denied and that defendant’s petition be granted to amend the temporary disability date. For the reasons discussed below, we will grant the petitions for reconsideration, rescind the Findings, Award and Orders, and return the matter to the trial level for further proceedings and a new decision. , After a hearing on December 4, 2008, the WCJ realized he had neglected to read the issues and stipulations into the record. Indeed, the Minutes of Hearing Summary of Evidence contains no issues and stipulations. Before he issued his February 26, 2009 decision on temporary disability, the W
