CARDINAL AQUA PURE, INC., and STATE COMPENSATION INSURANCE FUND, MICHELLE LYNN FULLER, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHELLE LYNN FULLER, Applicant,vs.CARDINAL AQUA PURE, INC., and STATECOMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ6625404OPINION AND DECISION AFTER RECONSIDERATION On September 14, 2009, we granted defendant’s petition for reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in this case. This is our decision after reconsideration. Defendant filed a timely, verified petition for reconsideration, claiming to be aggrieved by the Findings and Award dated July 17, 2009, wherein the workers’ compensation administrative law judge (WCJ) found that applicant was temporarily totally disabled from June 3, 2008, through March 5, 2009, that modified work was unavailable from the employer, and that no temporary disability overpayment exists. Defendant contends that modified work was available to the applicant; that applicant’s words and actions on August 11, 2008, constituted constructive resignation from the job; and that the award of temporary disability was defective because it did not allow credit for applicant’s earnings in her own business. We have not received an answer from applicant, who is not represented by an attorney. Applicant, while employed as an operations manager on June 3, 2008, sustained an industrial injury to her low back and claims to have sustained injury to “stress from pain and ulcers” and her upper legs. The case came on for trial on May 21, 2009. The parties stipulated that , temporary disability indemnity had been paid from June 3, 2008, through November 17, 2008. The issues were temporary disability from August 19, 2008, and continuing and temporary disability overpayment from August 19, 2008, through November 17, 2008 (Minutes of Hearing, pages 2-3). Applicant testified. There were two other witnesses for applicant
