Dolan Concrete Construction; Old Republic Contractors Insurance Group; Administered By Gallagher Bassett Services, Inc., Rahshon Loyd, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARAHSHON LOYD,Applicant,vs.DOLAN CONCRETE CONSTRUCTION; OLD REPUBLIC CONTRACTORS INSURANCE GROUP;Administered By GALLAGHER BASSETT SERVICES, INC.,Defendants.Case No. ADJ8820335(San Francisco District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the January 25, 2017 Findings of Fact and Order, wherein a workers’ compensation administrative law judge (WCJ) found that applicant’s average weekly earnings were $1146.00 at the time of injury, equating to a temporary disability indemnity rate of $764.00. Applicant, while employed as a union cement mason journeyman/construction laborer on October 30, 2012, sustained an admitted industrial injury to his neck, spinal cord, and psyche, causing 100% permanent and total disability, and a need for further medical treatment. Defendant paid temporary disability benefits from October 31, 2012 to November 13, 2012 at the rate of $901.07 per week, and from November 14, 2012 to April 15, 2014 at the rate of $151.57 per week. Defendant contends that the WCJ erred in calculating applicant’s temporary disability benefits pursuant to Labor Code1 section 4453(c)(4), arguing that applicant never worked a 40-hour work week, and that his AWE should have been calculated under section 4453(c)(3). 1 Unless otherwise stated, all further statutory references are to the Labor Code. , We have considered the Petition for Reconsideration and we have reviewed the record in this matter. Applicant filed an answer. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition be denied. Pursuant to California Code of Regulations, title 8, section 10848, defendant has filed a request for submission
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