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Edward Sheppard vs. Bayshore Systems, Inc.; Cna Casualty Of California,

BAYSHORE SYSTEMS, INC.; CNA CASUALTY OF CALIFORNIA, EDWARD SHEPPARD WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEDWARD SHEPPARD, Applicant,vs.BAYSHORE SYSTEMS, INC.;CNA CASUALTY OF CALIFORNIA, Defendant(s).Case Nos. ADJ1921592 (WCK 0066470) ADJ3931416 (WCK 0005120)OPINION AND DECISION AFTER RECONSIDERATION            On July 23, 2009, the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration in order to have time to obtain and review a Report and Recommendation from the workers’ compensation judge (WCJ). On September 9, 2009, the Board requested the Report from the WCJ, who responded on September 14, 2009 by lodging her Report in the Electronic Adjudication Management System (EAMS). We have considered the Report, and the following is our decision after reconsideration. It is unclear whether the Report was served on the parties, so a 181 copy is attached to this opinion.            In the Findings and Award and Order of May 8, 2009, the WCJ granted applicant’s appeal of the February 15, 2008 Determination of the Rehabilitation Unit. Contrary to the Unit’s determination, the WCJ found that applicant, having sustained industrial injury to his right knee, right foot, back and psyche on October 22, 1999, is entitled to vocational rehabilitation benefits at the temporary total disability rate from May 2, 2007 through present and continuing.            Defendant sought reconsideration of the WCJ’s decision, contending that applicant is barred from further vocational rehabilitation benefits because there was a defined period within which to reinstate vocational benefits that had been placed on interrupt status from January 2004 to July 8, 2004, that applicant is barred from the provision of additional vocational rehabilitation , services pursuant to Labor Code section 5410, that there was no “reservation of rights” because the five-year window within which to re-commence the services closed after the applicant had been notified of his need


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