WALGREENS DRUGS; and SEDGWICK CLAIMS SERVICE, SKI RIVERS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASKI RIVERS, Applicant,vs.WALGREENS DRUGS; and SEDGWICK CLAIMS SERVICE, Defendant(s).Case No. ADJ1670371 (SFO 0509360)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the May 12, 2009 Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found that, applicant, while.employed as a security guard on or about September 19, 2007, sustained industrial injury to his low back, causing temporary disability from March 20, 2008, through December 18, 2008, with a temporary disability indemnity rate of $346.00 per week. He awarded temporary disability indemnity, less the Employment Development Department’s (EDD) lien and the attorney’s fee. Defendant contends that the finding of injury is not supported by the evidence, that the WCJ applied the wrong legal standard, and that applicant had not “clocked in” at the time of his alleged injury. Defendant further contends that the WCJ exceeded his authority by making a finding regarding the temporary disability rate, since the rate was not placed at issue and not stipulated, and that he erred in finding temporary disability and allowing EDD’s lien and attorney’s fees, because there is no substantial evidence that applicant was temporarily disabled during the period of the EDD lien. We have considered the Petition for Reconsideration and applicant’s Answer, and we have reviewed the record in this matter. The WCJ has retired and was unavailable to prepare a Report and Recommendation on Petition for Reconsideration. , For the reasons discussed below, we will grant the petition for reconsideration and amend the Findings and Award to strike the award and all findings, except the finding of injury, which we affirm.BACKGROUND Applicant filed an application, alleging that he susta
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