ENGLE ENTERPRISES; TRIPLE E CONSTRUCTION; STATE COMPENSATION INSURANCE FUND, TONY CAMPLANI, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATONY CAMPLANI, Applicant,vs.ENGLE ENTERPRISES; TRIPLE E CONSTRUCTION; STATE COMPENSATION INSURANCE FUND, Defendant.Case No. ADJ229780 (SBR 0315120)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of the Order Terminating Temporary Disability Payments I (Order) issued by the workers’ compensation administrative law judge (WCJ) on August 25, 2009, wherein the WCJ granted defendant’s petition to terminate temporary disability based on the report from the agreed medical examiner (AME), Dr. Keola Chun, that applicant had reached maximal medical improvement (MMII) on June 4, 2003. Previously, on August 3, 2004, the WCJ found, based on the parties’ stipulations, that applicant while employed as a journeyman framer from April 8, 2002 through June 4, 2002, sustained industrial injury to his back and lower extremities, causing temporary disability from August 4, 2004 and continuing. In the stipulations, defendant also agreed to pay TDI from August 4, 2004 and continuing. Applicant contends the WCJ erred in terminating payments of temporary disability indemnity (TDI), arguing that the Order is premature because discovery was left open and Dr. Chun’s deposition was scheduled for September 16, 2009. Applicant also contends that he may be prejudiced by the Order, arguing that he would “like to raise 4062(a)” pursuant to J.C. Penney v. Workers’ Comp. Appeals Bd. (Edwards) (2009) 74 Cal.Comp.Cases 826./// , We have considered the allegations of the petition for reconsideration and the contents of the WCJ’s Report and Recommendation on Petition for Reconsideration (Report). Defendant filed an answer. Based on our review of the record, and for the reasons stated herein, we will deny reconsideration.FACTS As relevant here, applicant sustained industrial inj
