The Golf Club At Wintehawk Ranch And Zenith Insurance Company Robert Widpple WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT WIDPPLE, Applicant,vs.THE GOLF CLUB AT WHITEHAWK RANCH and ZENITH INSURANCE COMPANY, Defendants).Case No. RDG 121697OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings, Award and Order issued May 21, 2007 wherein the workers’ compensation administrative law judge (WCJ) found that applicant sustained an industrial cumulative injury to his bilateral knees “during the period ending October 17, 2004”, while employed as a groundskeeper. The WCJ also found that applicant was entitled to “an aggregate 104 weeks of temporary disability, which constitutes an aggregate, albeit interrupted period of two years” and that “after credit for periods already utilized, applicant is entitled to an additional 78 weeks of temporary disability benefits.” Defendant contends that the WCJ erred by finding that applicant was entitled to any additional temporary disability benefits arguing: (1) that “the plain language of Labor Code section 4656(cXl) creates two limitations on payment of temporary disability. A time limitation and a limitation on the number of weeks than can be paid” and that the WCJ’s award exceeds that limitation; and (2) that the legislature’s enactment of SB 899 included the amendment of Labor Code section 4656 for the purpose of restricting benefits to the specified time and aggregate payment limitations on temporary disability. Based upon our review of the record, and for the reasons set forth herein, we will grant reconsideration, rescind the WCJ’s decision and return this matter to the trial level for further , proceedings to determine the date that applicant’s temporary disability benefits commenced then, applying Hawkins v. Amberwood Products (2007) 72 Cal. Comp. Cases 807 (Appeals Board en banc), calculate ap
