Adp Totalsource Company; Xxii, Inc./Rrl/Provoast Automation Controls; American Home Assurance, Administered By Specialty Risk Services Reynaldo Diato WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAREYNALDO DIATO, Applicant,vs.ADP TOTALSOURCE COMPANY; XXII, INC./RRL/PROVOAST AUTOMATION CONTROLS; AMERICAN HOME ASSURANCE, Administered By SPECIALTY RISK SERVICES, Defendant(s).Case Nos. ADJ6575300; ADJ6618808OPINION AND DECISION AFTER RECONSIDERATION The Appeals Board (Board) granted defendant’s Petition for Reconsideration of the Joint Findings and Award and Order’s issued July 16, 2009, in order to study the facts and applicable law’. The Board has completed its review’ and the follow ing is our Decision After Reconsideration. In the Joint Findings and Award and Orders issued July 16, 2009, the workers’ compensation administrative law judge (WCJ) found that applicant sustained a specific injury to his low back on May 7, 2008 ( ADJ66I8808) and a cumulative industrial trauma to his neck and right shoulder during the period from January 2006 through June 27, 2008 (ADJ6575300), while applicant was employed as an assembler. The industrial injuries caused temporary disability from August 20. 2008 and continuing at the weekly rate of $401.33 per week. Defendant was ordered to pay the lien of the California Employment Development Department (HDD) with interest. Defendant was also ordered to pay applicant “a 25% penally under Labor Code section 5814 and a 10% penalty under Labor Code section 4650 on the balance of temporary disability indemnity to the applicant that was unreasonably denied for the period of September 9. 2008 through March 22, , In a petition that lacked proof of service upon lien claimant HDD, defendant contends that the WCJ erred by awarding applicant temporary disability arguing that applicant was engaged in misconduct and was properly terminated, which disqualified applicant from eligibility for temporary disabilit
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