is a case in which Pete Rios, the applicant, is appealing the decision of the Workers' Compensation Appeals Board to deny his petition for reconsideration. The case involves a dispute over the payment of temporary disability benefits to Rios, who was injured on April 24, 2009. The Board found that Rios was entitled to temporary disability benefits at the rate of $253.33 per week for the period July 31, 2009 through the present and continuing indefinitely thereafter, subject to Labor Code Section 4656, less credit for sums previously paid by the defendant and less reimbursement to the Employment Development Department. The Board also found that the defendant was entitled to assert as a credit against future permanent disability indemnity any temporary disability indemnity paid by the defendant in excess

PEPPERTREE DISTRIBUTORS, INC.; FIRSTCOMP OMAHA for SOUTHERN INSURANCE COMPANY PETE RIOS WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPETE RIOS, Applicant,vs.PEPPERTREE DISTRIBUTORS, INC.; FIRSTCOMP OMAHA for SOUTHERNINSURANCE COMPANY, Defendants.Case No. ADJ7357973San Bernardino District Office)ORDER DENYING RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration.            We note that jurisdiction was reserved over applicant’s claims for penalties and sanctions related to the delay in payment of temporary disability benefits. That avenue remains available to applicant./ / // / // / // / // / // / // / // / // / // / / ,             For the foregoing reasons,            IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD_______________________________________________ALFONSO J. MORESII CONCUR,_______________________________________________  MARGUERITE SWEENEY_______________________________________________  FRANK M. BRASSDATED AND FILED AT SAN FRANCISCO, CALIFORNIA  JUN 01, 2012SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.PETE RIOSLAW OFFICES OF GOMEZ REYESSTOCKWELL HARRIS ET ALebc RIOS, Pete , STATE OF CALIFORNIADIVISION OF WORKERS’ COMPENSATIONWORKERS’ COMPENSATION APPEALS BOARDPete Riosvs.Peppertree Distributors, Inc.; FirstComp OmahaFor Southern Insurance CompanyJUDGE MYRLE R. PETTYCase No. ADJ7357973San Bernardino District OfficeREPORT AND RECOMMENDATIONON PETITION FOR RECONSIDERATION  By timely, verified Petition for Reconsideration, filed April 5, 2012, Petitioner, Pete Rios  (hereafter applicant), by and through his a

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