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Octavio Baez, vs. Barrett Business Services Permissibly Self-insured; Administered By Corvel Insurance Company,

BARRETT BUSINESS SERVICES permissibly self-insured; administered by CORVEL INSURANCE COMPANY, OCTAVIO BAEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAOCTAVIO BAEZ, Applicant,vs.BARRETT BUSINESS SERVICES permissibly self-insured; administered by CORVEL INSURANCE COMPANY, Defendant(s).Case No. ADJ4398201 (SAC 0290129)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the July 27, 2009 Findings of Fact, wherein the workers’ compensation administrative law judge (WCJ) found that applicant’s injury has caused him to be temporarily totally disabled from November 12, 2003, through May 23, 2006, and that applicant’s counsel has provided legal services reasonably valued at $4,000.00. Applicant’s claim arises from the industrial injury he sustained to his knees, upper extremities, back/spine, heart, and psyche, on February 13, 1999, while employed as a warehouse worker.            Defendant contends the WCJ erred in awarding temporary disability benefits beyond the five-year statute of limitations, that the finding of temporary total disability from November 12, 2003, through May 23, 2006, was not supported by substantial evidence, and that the WCJ erred in not capping the temporary disability benefits as required by Labor Code section 4656. Although not “separately stated and clearly set forth,” as required by Appeals Board Rule 10842 (Cal. Code Regs., tit. 8, § 10842), defendant apparently contends that the WCJ erred by failing to find defendant entitled to a credit for benefits paid and for failing to specify that applicant’s attorney’s fees are to be deducted from the award.            We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an Answer. The WCJ prepared a Report and Recommendation , on Petition for Reconsideration (Report), recommending that the petition be denied.            For the reasons e

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