CARDIS CORPORATION; and AMERICAN HOME ASSURANCE COMPANY, SAMUEL RICHARDSON, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASAMUEL RICHARDSON, Applicant,vs.CARDIS CORPORATION; and AMERICANHOME ASSURANCE COMPANY, Defendant.Case No. ADJ4280339 (LAO 668963)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award of October 15, 2008, wherein the workers’ compensation judge (WCJ) found that applicant sustained an admitted industrial injury to his neck and right upper extremity on October 24, 1989, while employed by Cardis Corporation, American Home Assurance Company’s insured on the date of injury, and that the injury caused temporary disability from January 29, 2008, through October 6, 2008, (the date the WCJ signed the Findings and Award) and continuing and a need for anterior cervical spine surgery, entitling applicant to temporary disability indemnity (TDI) for the above-described period and neck surgery. Defendant contends that the WCJ erred in awarding applicant TDI and neck surgery, arguing that the January 31, 2008 report of Seymour L. Alban, M.D., an orthopedic surgeon and the parties’ agreed medical evaluator (AME), upon which the WCJ relied, is not substantial evidence that the need for surgery and cause of the current disability was the 1989 industrial injury because Dr. Alban did not review all of applicant’s pertinent medical records, including a May 1992 MRI report that showed no abnormalities. Defendant further argues that it was denied due process of law because the WCJ did not allow it an opportunity to depose Dr. Alban before the matter was submitted to the WCJ for decision. Applicant did not file an answer to the petition for reconsideration. , I. We have considered the allegations made in the petition for reconsideration, as well as the content of the WCJ’s Report and Recommendation. Based on our review of the
