JOHN H. HADLEY, JR, ROBERTO H. HENRIQUEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERTO H. HENRIQUEZ, Applicant,vs.JOHN H. HADLEY, JR, Defendant(s).Case No. ADJ184349 (LAO 0792073)OPINION AND ORDERS DISMISSING DEFENDANT’S PETITION FOR RECONSIDERATION, DENYING APPLICANT’S PETITION FOR RECONSIDERATION Applicant and defendant each seek reconsideration of the August 18, 2009 Findings and Award issued by a workers’ compensation administrative law judge (WCJ) wherein the WCJ found that applicant’s injury caused temporary disability from January 26, 2001 to April 13, 2007. Based on this finding, the WCJ awarded temporary disability indemnity “payable as two- thirds of the weekly loss in wages, during the period January 26, 2001 to April 13, 2007, less credit for any sums heretofore paid on account thereof.” Previously, the parties stipulated that applicant, while employed on January 25, 2001, sustained industrial injury to his right shoulder and arm. The parties also settled all issues with the exception of temporary disability by Order Approving Compromise and Release on November 20, 2008. In its untimely petition, defendant contends that the WCJ erred in not resolving several issues involving defendant’s claim to credit against temporary disability indemnity. Applicant contends that the WCJ erred in allowing credit against temporary disability. Applicant argues that the issue of credit is barred by res judicata having been decided by our , December 10, 2007 Opinion and Order Granting Reconsideration and Decision After Reconsideration and the WCJ’s September 26, 2007 Findings and Award. Defendant filed an Answer and the WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration. Based on our review of the record and for the reasons discussed below, we will dismiss defendant’s Petition for Reconsideration and we will deny appl
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