Anthony Lucchesi — ADJ11267842

Applicant, a firefighter for the City of Foster City, claimed cumulative injury to his neck and lumbar spine. The WCJ found applicant temporarily totally disabled from May 16, 2018 through July 16, 2019 at a TD rate of $1,989.23. Defendant sought reconsideration, arguing the TD rate was incorrect (should be subject to the statutory maximum) and that there was no substantial evidence supporting the TTD period, citing irreconcilable conflicting permanent and stationary dates in AME Dr. Stark's reports. The Board granted reconsideration, corrected the TD rate, and found no substantial evidence supported the TTD finding because Dr. Stark gave conflicting P&S dates (declining surgery in February 2019 vs. May 9, 2018) and treating physician reports did not establish industrial temporary disability. The Board deferred the TTD period, section 4850 benefits, the CAPF lien, and attorney fees, and remanded for development of the record through a supplemental report from AME Dr. Stark.