O’Bryant Electrical; Indemnity Insurance Co Of North America Richard Marquez WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARICHARD MARQUEZ, Applicant,vs.O’BRYANT ELECTRICAL; INDEMNITY INSURANCE CO OF NORTH AMERICA, Defendant(s).Case No. ADJ5010233OPINION AND ORDERS DENYING REMOVAL; GRANTING RECONSIDERATION AND DECISION 1 ( AFTER RECONSIDERATION Defendant seeks reconsideration of, and alternatively requests removal from, the June 30, 2010 Findings, Award and Order issued by the Workers’ Compensation Arbitrator (Arbitrator) finding, based on the parties’ prior stipulations, that applicant, while employed as an electrician on November 20, 2000 sustained industrial injury to his right knee. The Arbitrator further found that the injury herein caused temporary disability from December 16, 2000 through June 26, 2008, less credit for time worked in an amount to be adjusted by the parties, caused 62% permanent disability, and caused need for further medical treatment. The WCJ deferred the issue of the temporary disability indemnity rate. Defendant contends that the Arbitrator erred in finding applicant entitled to temporary disability through June 26, 2008 arguing that the evidence in the record establishes that applicant became permanent and stationary on August 3, 2004. Defendant further contends that the temporary disability indemnity rate should be determined based on applicant’s average weekly wage at the time of his injur}’ rather than on subsequent earnings. , Applicant, who is in pro per, did not file an answer. However, the Arbitrator issued anArbitrator’s Report and Recommendation on Petition for Reconsideration and/or Removal (Report)recommending that we grant defendant’s Petition for the sole purpose of clarifying defendant’sright to credit and that we otherwise affirm his Decision. Based on our review of the record, and for the reasons discussed by the Arbitrator in hisReport, which we adopt and incorporate
