PLANTIUM EQUITY LLC dba NEXTIRAONE; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, RON NOVACHICK, WORKERS’ COMPENSATION APPEALS BOAR”STATE OF CALIFORNIARON NOVACHICK, Applicant,vs.PLANTIUM EQUITY LLC dba NEXTIRAONE; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Defendant(s).Case No. ADJ915762 (SFO 0490442)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the September 24, 2009 Findings, Award, and Order and the October 7, 2009 Amended Findings, Award, and Order1 issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found,2 based on the parties’ prior stipulations that, applicant, while employed as a warehouseman on November 10, 2004, sustained industrial injury to his right lower extremity causing temporary disability from November 24, 2004 to May 8, 2005 and from September 28, 2005 to December 27, 2006, that applicant’s temporary disability indemnity rate is $397.06, and that applicant was adequately compensated for all periods of temporary disability claimed through December 27, 2006. The WCJ further found that the Employment Development Department (EDD) paid disability benefits to applicant from December 28, 2006 through December 27, 2007 at the rate of $466.00 for a total of $24,232.00. The WCJ deferred the issue of permanent disability. Based on these findings, the WCJ allowed EDD’s lien in full “against Defendants.” 1The October 7, 2009 Amended Findings, Award, and Order corrected the date of injury from November 20, 2004 to November 10, 2004.2The Findings of Fact as set forth in the February 24, 2009 Minutes of Hearing were incorporated by reference in the WCJ’s Decision. , Defendant contends that the WCJ erred in allowing EDD’s lien arguing that EDD’s lien is not for benefits paid during a period when applicant was entitled to temporary or permanent disability indemnity. Applicant did not file an answer. Also, the WCJ was not ava
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