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Tarik Jusufbegovic vs. Fiesta Ford Lincoln Mercury State Comp. Ins. Fund

Fiesta Ford Lincoln Mercury State Comp. Ins. Fund Tarik Jusufbegovic WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATARIK JUSUFBEGOVIC, Applicant, vs. FIESTA FORD LINCOLN MERCURY,STATE COMP. INS. FUND Defendants.Case Nos. ADJ4334434 (RIV 0047774)ADJ1332571 (VNO 0485919)OPINION AND DECISION AFTER RECONSIDERATION            On December 28. 2009, we granted reconsideration in this matter to provide an opportunity to further study the legal and factual issues raised by the petition for reconsideration. Having completed our review, we now issue our Decision After Reconsideration.            Applicant, Tank Jusufbcgovic, filed a petition seeking reconsideration of the Findings and Award, issued September 29, 2009, in which a workers’ compensation administrative law judge (WCJ) found applicant sustained 70% permanent disability and need for further medical treatment, as a result of his admitted May 17, 2002 industrial injury’. The WCJ also found applicant was entitled to retroactive temporary’ disability indemnity payable at the rate of $728.00 per week from May 18, 2004 through December 31, 2004, at the rate of S840.00 per week from January 1, 2005 through December 31, 2006, and at the rate of $847.25 from January 1, 2007 through July 26, 2007, based upon his average weekly earnings of $1,270.88.            Applicant contests the award of retroactive temporary disability, contending that he is entitled to receive temporary disability benefits at the rate of S847.00 for the entire period, based on Labor Code section 4661.5, as interpreted in Hofmeister v. Workers’ Comp. Appeals. Bd. (1984) 156 Cal.App.3d 848 (49 Cal.Comp.Cases 438). Defendant has filed an answer to the , petition for reconsideration and the WCJ has prepared a Report and Recommendation on Petition for Reconsideration.            Following our review of the record, and for the reasons set forth below, we shall as our Decision After Reconsideration amend the Findings and Award to find applicant is

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