WESTAFF;TRAVELERSPROPERTY CASUALTY RUSSELL STANSBERY, WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARUSSELL STANSBERY, Applicant,vs.WESTAFF;TRAVELERSPROPERTY CASUALTY, Defendants.Case No. SAC 291967OPINION AND DECISIONAFTER RECONSIDERATION We previously granted applicant’s petition for reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Applicant sought reconsideration of the October 18. 2007 Findings and Order regarding applicant’s April 19. 2004 Petition to Reopen, wherein the workers’ compensation administrative law judge (WCJ) found that applicant’s industrial injury did not cause him to be temporarily totally disabled (TTD) from June 1, 1999 through October 20, 2005. In the Opinion on Decision, the WCJ explained that applicant voluntarily removed himself from the labor market in May 1999. As no temporary disability indemnity (TDI) was owed, the WCJ found defendant did not unreasonably refuse to pay TDI from May 31. 1999 through December 5. 1999. and denied applicant’s Petition for Penalties. The WCJ also denied the Petition to Reopen to the extent applicant claimed temporary disability from August 17. 2001 through October 20. 2005, and deferred all other issues with jurisdiction reserved. Previously, the WCJ found that applicant, while employed as a door finisher, on May 19. 1999, sustained industrial injury to his right ankle, causing 14% permanent disability and a need for further medical treatment. Applicant contended the WCJ erred in finding that his claim for temporary disability was , barred, arguing that he did not retire or voluntarily remove himself from the labor market. Applicant argued that he never waived his claim for TDI for the penod from May 31, 1999 to December 6. 1999. Applicant also contended that jurisdiction over the issue of temporary disability has been reserved. We have considered the petition for recons
