JERRY THOMPSON AND SONS PAINTING, INC.; and ZURICH NORTH AMERICA INSURANCE COMPANY, MIGUEL VILELA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMIGUEL VILELA, Applicant,vs.JERRY THOMPSON AND SONS PAINTING, INC.; and ZURICH NORTH AMERICA INSURANCE COMPANY, Defendant.Case No. ADJ3576959 (OAK 0336251)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award of March 11, 2009, wherein the workers’ compensation judge (WCJ) found, in essence, that applicant sustained an admitted industrial injury to his right knee on October 19, 2006, while employed as a painter by Jerry Thompson and Sons Painting, Zurich North America Insurance Company’s insured on the date of injury, and that applicant’s average weekly earnings (AWE) was $1,161.50, entitling him totemporary disability indemnity (TDI) at the rate of $742.28 per week. The WCJ further found that the injury caused temporary disability from November 3, 2006, through, at least, June 12, 2008, entitling applicant to TDI for up to 104 weeks during that period and less benefits he received from Employment Development Department (EDD). Defendant contends that applicant’s AWE is $742.28 and, thus, ostensibly, that his TDI rate is lower than that determined by the WCJ, arguing that the WCJ did not follow our prior instructions to determine applicant’s AWE pursuant to Labor Code section 4453(c)(4)1. Defendant further contends that applicant, not defendant, is liable to reimburse EDD, arguing that applicant already received TDI at a higher rate than the WCJ awarded for the period from November 3, 2006, through August 14, 2007, and, under the disputed award, he would receive duplicative benefits. 1All further statutory references are to the Labor Code, except where otherwise noted. , Applicant did not file an answer to the petition for reconsideration.*** We have considered the contentions made in the pet
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