Ron & Sons Trucking, Inc.; State Compensation Insurance Fund Wallace N. Barnes WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWALLACE N. BARNES, Applicantvs.RON & SONS TRUCKING, INC.;STATE COMPENSATION INSURANCEFUND, Defendant(s)Case No. SDO 0335050OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Defendant seeks reconsideration of the November 1, 2007 Findings and Award issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ found, based on the parties’ prior stipulations, that applicant, while employed as a truck driver on March 31, 2005, sustained industrial injury to his head, neck, back, and right shoulder. The WCJ further found that the parties stipulated that defendant paid temporary disability from April 1, 2005 to .March 31, 2007 at the rate of $479.36 per week, that defendant did not commence payment of temporary disability benefits until June 28, 2005, that applicant continues to be temporarily totally disabled through the present and continuing, that applicant is entitled to temporary disability from June 28, 2005 through approximately June 28, 2007 at the rate of $479.36, and that defendant is not entitled to any credit for temporary disability benefits paid from April 1, 2005 to March 31, 2007. Defendant contends that the WCJ erred in awarding temporary disability at rate of $479.36 which in reality is applicant’s average weekly wage. Defendant argues that it paid temporary disability benefits from April 1, 2005 to March 31, 2007 at the correct indemnity rate of $319.57, that it mistakenly listed the average weekly wage as the temporary disability rate on the Pre-trial Conference Statement, and that the benefits printout it submitted at trial as defendant’s Exhibit A shows payment of temporary disability at the correct indemnity rate of $319.57. , Applicant did not file an answer. However, the WCJ issued a Report and Recommendation on Peti
