Meeks Building Center And Zurich American Insurance Company Salem Najjar WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASALEM NAJJAR, Applicant, vs.MEEKS BUILDING CENTER and ZURICH AMERICAN INSURANCE COMPANY, Defendant,Case Nos. ADJ4254212; ADJ3966016OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTERRECONSIDERATION Applicant, Salem Najjar, seeks reconsideration of the Findings of Fact and Order, issued May 11, 2010, in which a workers’ compensation administrative law judge (WCJ) held that applicant is preluded from receiving temporary disability indemnity more than 104 weeks after September 11, 2007, or after September 9, 2009. The WCJ found applicant’s receipt of a payment of $64.71 on September 11,2007, to attend a medical examination, pursuant to Labor Code section 4600(e)(1), constituted the payment of temporary’ disability’ and triggered the 104 week limitation on the receipt of temporary disability indemnity in Labor Code section 4656(c)(1). Applicant contests the WCJ’s legal conclusion that the payment mandated by I-abor Code section 4600(e)(1) for attendance at a medical-lega! examination constitutes the payment of temporary disability for purposes of applying the 104 week cap provided in Labor Code section 4656(c)(1). Applicant argues that the WCJ’s interpretation of the payment made on September 11, 2007, is contrary to the plain language of section 4600(eXl). which provides that benefits paid are to be added to all other benefits, and not in lieu of other benefits. Applicant ftmher argues that the WCJ’s determination is contrary to public policy, as it would prohibit the payment of lost wages for attendance at medical-legal examinations conducted more than 104 weeks after the first , payment of temporary disability. Defendant has filed an answer to applicant’s petition. We concur with applicant. The payment made pursuant to I-abor Code section 4600(eXl). did not constitute the payment of temporary di
