Colony Cove Estates; State Compensation Insurance Fund Theresa Forsythe WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATHERESA FORSYTHE, Applicant,vs.COLONY COVE ESTATES; STATE COMPENSATION INSURANCE FUND, Defendant.Case No. ADJ1491854OPINION AND ORDERGRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the May 25. 2010 Findings and Award of the workers’ compensation administrative law judge (WCJ) who found that applicant, while employed by defendant as a security guard on September 5. 2002. incurred industrial injury to her neck and right shoulder causing 45% permanent disability^ without apportionment, and a need for medical treatment. The WCJ further found that applicant also incurred industrial injury to her low back and knees while in that employ tit that time, but the issue of permanent disability with regard to the knees was defended pending development of the record on the issue of apportionment. In addition, the WCJ found that applicant’s condition became permanent and stationary in May 2009, and denied defendant’s claim of credit for overpayment of temporary disability indemnity. The WCJ also imposed a penalty against defendant of 25% of all permanent disability benefits, “past, present and future,” for unreasonable delay in paying benefits. Defendant contends that the evidence does not support a finding of industrial injury to the low back and knees, that the permanent and stationary date finding was in error, that defendant should receive credit of $16,870.74 for overpayment of temporary total disability indemnity, that applicant’s total permanent disability from her industrial injury is 45%. and that no penalty should , have been imposed against defendant. An answer was not received. The WCJ was unavailable to provide a Repon and Recommendation on Petition for Reconsideration. We grant reconsideration and as our decision after reconsideration reverse the WCJ’
