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JORGE PRECIADO vs. ALAMILLO REBAR, INC.; OLD REPUBLIC GENERAL INSURANCE

ALAMILLO REBAR, INC.; OLD REPUBLIC GENERAL INSURANCE JORGE PRECIADO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJORGE PRECIADO, Applicant,vs.ALAMILLO REBAR, INC.; OLD REPUBLICGENERAL INSURANCE, Defendants.Case No. ADJ8270156(Stockton District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings of Fact, Order and Award of July 17, 2014, wherein it was found that applicant was entitled to temporary disability indemnity corresponding to the period October 12, 2012 to the present and continuing, subject to the limitations of Labor Code section 4656( c ), and less credit to defendant for days worked and wages earned by applicant. In this matter, in a Findings of Fact, Order and Award of January 27, 2014, it was found that, while employed on December 23, 2011, applicant sustained industrial injury to his hands, left arm, left shoulder, left knee and back.            Defendant contends that the WCJ erred in finding appli.cant entitled to temporary disability indemnity, arguing that the reporting of qualified medical evalu~tor pain management specialist Jerome A. Robson, M.D., did not constitute substantial medical evidence on the issue of temporary disability, and arguing that applicant was estopped from claiming temporary disability indemnity since he refused defendant’s offer of modified work. We have not received an answer, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report).            We will deny defendant’s Petition of the reasons stated in the Report, which we hereby adopt and incorporate. In addition to what is stated in the Report, we note that the California Supreme Court has explained that: ,     “A ‘disability’ under the Work[ers’] Compensation. Law connotes an    inability to work. Where an employee has been temporarily disabled by    an industrial injury, he is considered temporarily t

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