Warner Brothers Inc., Self-Administered Robin Jorden WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBIN JORDEN, Applicant,vs.WARNER BROTHERS INC., Self-Administered, Defendant.ADJ4015470 (OAK 0345927)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of the Findings and Award issued by a workers’ compensation administrative law judge (WCJ) on November 19, 2009, wherein the WCJ found that applicant, while employed as an assistant director, sustained industrial injury on September 30, 2003 to her right hip. The WCJ found that the injury caused temporary disability, in addition to periods previously indemnified or agreed to, beginning December 16, 2008 and ending July 26, 2009, and awarded temporary disability indemnity (TDI) at a rate to be adjusted by the parties. Defendant contends the WCJ erred in finding that applicant is entitled to TDI prior to her date of surgery on July 27, 2009, arguing that she is not entitled to TDI until she actually underwent the surgery. We have considered the petition for reconsideration and we have reviewed the record in this matter. Applicant has filed an answer. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. For the reasons set forth herein and in the WCJ’s Report, which we adopt and incorporate, we will deny reconsideration As noted by the WCJ in his Report, he found that the period of indemnity preceding applicant’s surgery, i.e., from December 16, 2008 through July 26, 2009, was “compensable as , active medical treatment leading to surgery.” (Report, p. 3.) The WCJ observed that “there is some variation between the physicians that I believe to be consistent with a treating doctor optimistic that his patient will improve, versus an evaluating doctor seeing little progress from arm’s length.” (Report, p. 5.) The WCJ noted that although the AME took issue with s
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