ACE BEVERAGE COMPANY; TOPA INSURANCE COMPANY RODOLFO VILLALOVOS WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARODOLFO VILLALOVOS, Applicant,vs.ACE BEVERAGE COMPANY; TOPA INSURANCE COMPANY, Defendants.Case No. ADJ6820997(Van Nuys District Office)OPINION AND DECISION AFTER RECONSIDERATION We previously granted defendant’s Petition for Reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. In the August 16, 2011 Findings of Fact, Awards & Orders, the workers’ compensation judge (WCJ) found that applicant, while employed on or about November 11, 2008 as a merchandizer, sustained industrial injury to his lumbar spine and psychological system, but not to his thoracic spine, left foot, or central nervous system in the form of sleep difficulties. The WCJ found that applicant’s injury resulted in temporary disability from April 8, 2009, through September 23, 2009, payable at the rate of $311.67 per week, less a reasonable attorney’s fee and less the lien from the Los Angeles County Child Support Services Department. The WCJ also found the injury caused 11% permanent disability, less any permanent disability paid and less a reasonable attorney’s fee, and caused a need for further medical treatment to applicant’s lumbar spine, but not to his psychological system. In its Petition for Reconsideration, defendant contended that the WCJ erred in not allowing it a credit for overpaid permanent disability indemnity against applicant’s award for temporary disability and permanent disability. We have considered the petition for reconsideration and we have reviewed the record in this matter. No Answer was received. The WCJ has filed a Report and Recommendation of Workers’ , Compensation Administrative Law Judge (Report), recommending that the petition be denied. Pursuant to California Code of Regulations, title 8, section 10848, defendant filed a request for leave to
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